The Ruling on Marriage by Customary Contract and the Conditions for Its Validity
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Question:
Honorable Shaykh, what is the ruling on marriage by a customary contract among mahram relatives?
Answer:
If the conditions for the guardian, the witnesses, and the consent of both the husband and the wife to each other are met, and the prohibitions are absent—meaning they are not among those with whom marriage is forbidden, as previously stated—then if the conditions are met and the prohibitions are absent, the contract is valid, whether you call it customary or formal. The criterion is the fulfillment of the conditions and the absence of the prohibitions. However, if the conditions are not met here, or if there are prohibitions, then it is invalid, whether it is customary or formal.
Honorable Shaykh, what is the ruling on marriage by a customary contract among mahram relatives?
Answer:
If the conditions for the guardian, the witnesses, and the consent of both the husband and the wife to each other are met, and the prohibitions are absent—meaning they are not among those with whom marriage is forbidden, as previously stated—then if the conditions are met and the prohibitions are absent, the contract is valid, whether you call it customary or formal. The criterion is the fulfillment of the conditions and the absence of the prohibitions. However, if the conditions are not met here, or if there are prohibitions, then it is invalid, whether it is customary or formal.
Source
قناة «العلامة الدكتور صالح الفوزان»، 51 من 89|شرح العدة في شرح العمدة|كتاب الرضاع|باب الشروط في النكاح|صالح الفوزان|الفقه|كبار العلماء — youtube.com (1:01:25)
The Arabic text is a machine transcription of the audio recording.