The Valid Contract
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Question: I am a married man and I want to marry a divorced woman. We are both in agreement with each other, but our families refuse this marriage due to personal differences between them. Is it permissible for us to marry in secret, by placing the Noble Qur'an between us and each of us testifying to his consent to the other? Or is the contract invalid in this form? Please advise us, may Allah reward you.
Answer: The contract in this form is not valid.The Valid Contract: It is necessary that there be a guardian (wali) with the woman, that the offer (ijab) comes from the guardian and the acceptance (qabul) from the husband, that there be witnesses, two or more, and that this be done with the consent of both parties. The conditions of the contract must be met.
As for reaching an agreement between you and the woman—saying, for example, over the mushaf—this is all superstition and religious innovation (bid'ah). This is not a Shari'ah contract. A woman does not have the right to marry herself or to contract for herself; rather, her guardian contracts for her. Since the matter is as you described, with conflict between your relatives and her relatives, it is better to stay away from such things. There are many women, and Allah will make it easy for her to find a suitable husband, and for you to find a suitable wife without dispute and without getting into problems.
Answer: The contract in this form is not valid.The Valid Contract: It is necessary that there be a guardian (wali) with the woman, that the offer (ijab) comes from the guardian and the acceptance (qabul) from the husband, that there be witnesses, two or more, and that this be done with the consent of both parties. The conditions of the contract must be met.
As for reaching an agreement between you and the woman—saying, for example, over the mushaf—this is all superstition and religious innovation (bid'ah). This is not a Shari'ah contract. A woman does not have the right to marry herself or to contract for herself; rather, her guardian contracts for her. Since the matter is as you described, with conflict between your relatives and her relatives, it is better to stay away from such things. There are many women, and Allah will make it easy for her to find a suitable husband, and for you to find a suitable wife without dispute and without getting into problems.