The wife's lack of desire after a valid, unregistered marriage contract
Machine translationRead the Arabic original
Question:
He says: Honorable Shaykh, may Allah grant you success. A man married a woman with a guardian and two just witnesses, but the contract was not officially documented, and the mahr was not paid. After the contract, the wife did not desire the man. Does the contract dissolve, or must the husband divorce her?
Answer:
The husband must divorce her, because the contract was concluded with its conditions. The fact that it was not arranged or written down is not a condition of the contract. This is not a condition. If the offer and acceptance were completed in the presence of the witnesses and the guardian, then the conditions are fulfilled, and the contract is valid. She does not have the right to dissolve it; rather, she is his wife and does not exit his responsibility except through divorce. Yes.
He says: Honorable Shaykh, may Allah grant you success. A man married a woman with a guardian and two just witnesses, but the contract was not officially documented, and the mahr was not paid. After the contract, the wife did not desire the man. Does the contract dissolve, or must the husband divorce her?
Answer:
The husband must divorce her, because the contract was concluded with its conditions. The fact that it was not arranged or written down is not a condition of the contract. This is not a condition. If the offer and acceptance were completed in the presence of the witnesses and the guardian, then the conditions are fulfilled, and the contract is valid. She does not have the right to dissolve it; rather, she is his wife and does not exit his responsibility except through divorce. Yes.
Source
قناة «العلامة الدكتور صالح الفوزان»، 141/116 شرح زاد المستقنع/ صالح الفوزان — youtube.com (47:11)
The Arabic text is a machine transcription of the audio recording.
