The Ruling on Customary Marriage
Machine translationRead the Arabic original
The questioner:
Honorable Shaykh, what is the ruling on customary marriage?
The Shaykh:
Your marriage? The customary one. Black.
The questioner:
The customary one.
Another questioner:
Marriage of numbers.
The Shaykh:
In. Yes, indeed. I do not know of a customary marriage and a marriage that is not a marriage, if you see.
Look, if a marriage takes place without being registered, meaning it is not registered, yes, that is correct. If its conditions are met and its impediments are removed, it is valid, whether it is customary or not. If its conditions are met with a guardian, the consent of both spouses, and the presence of witnesses, this is a valid marriage, whether it is registered or not. The important thing is the availability of the conditions, and that there is no impediment in the woman; she is not one of the mahram (forbidden relatives), she is not in a state of ihram, and she is not in a state where a marriage contract has been concluded with her while she is in a prohibited state. If the conditions are met and the impediments are removed, the contract is valid, whether it is conducted officially or conducted customarily.
The questioner:
If the woman is a People of the Book, meaning a non-Muslim.
The Shaykh:
The same thing; the conditions are obligatory.
Another questioner:
Meaning, it seems to be based on something after the Messenger of Allah (peace and blessings be upon him).
The Shaykh:
I do not know how?
Honorable Shaykh, what is the ruling on customary marriage?
The Shaykh:
Your marriage? The customary one. Black.
The questioner:
The customary one.
Another questioner:
Marriage of numbers.
The Shaykh:
In. Yes, indeed. I do not know of a customary marriage and a marriage that is not a marriage, if you see.
Look, if a marriage takes place without being registered, meaning it is not registered, yes, that is correct. If its conditions are met and its impediments are removed, it is valid, whether it is customary or not. If its conditions are met with a guardian, the consent of both spouses, and the presence of witnesses, this is a valid marriage, whether it is registered or not. The important thing is the availability of the conditions, and that there is no impediment in the woman; she is not one of the mahram (forbidden relatives), she is not in a state of ihram, and she is not in a state where a marriage contract has been concluded with her while she is in a prohibited state. If the conditions are met and the impediments are removed, the contract is valid, whether it is conducted officially or conducted customarily.
The questioner:
If the woman is a People of the Book, meaning a non-Muslim.
The Shaykh:
The same thing; the conditions are obligatory.
Another questioner:
Meaning, it seems to be based on something after the Messenger of Allah (peace and blessings be upon him).
The Shaykh:
I do not know how?
Source
قناة «العلامة الدكتور صالح الفوزان»، محاضرات في العقيدة والدعوة-38-قضايا فقهية - 02|صالح الفوزان|العام|كبار العلماء — youtube.com (16:13)
The Arabic text is a machine transcription of the audio recording.