What is the ruling on a Jordanian brother who married a woman from Iraq in the presence of her guardian and two just witnesses, but it is customary that the marriage contract must be concluded in the court?
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The questioner : There is a matter we need to clarify, which happened to a brother who is not present with us. This brother is Jordanian and married a woman from Iraq with the mu'adhdhin, but it is customary that the marriage contract must be concluded in the court and registered in the residence records, and nothing else. When he came to leave with his wife using the contract concluded with the mu'adhdhin, they refused to let her leave with him and deported him to Jordan here.
The Shaykh : Why did they refuse?
The questioner : They refused because the contract was not registered in the court or in the residence records, contrary to that, and they did not consider this contract valid.
The Shaykh : You are saying mu'adhdhin.
The questioner : Yes, meaning.
The Shaykh : Meaning a mu'adhdhin from the court.
The questioner : No, with a man, meaning a marriage contract.
The Shaykh : So do not say mu'adhdhin then.
The questioner : He is called a mu'adhdhin, O Shaykh, in our language.
The Shaykh : No, O Shaykh, may Allah guide you, the mu'adhdhin is according to custom.
The questioner : According to custom.
The Shaykh : The mu'adhdhin by custom is the employee appointed by the Shari'ah court.
The questioner: Yes.
The Shaykh : But you mean that a certain man, a man who is not a mu'adhdhin, concluded the contract.
The questioner : Yes, a man.
The Shaykh: All right.
The questioner : They did not recognize this contract, meaning they say the woman does not leave unless she is with a husband or a brother, but due to his ignorance, he had a friend from Iraq conclude a contract in the court as they wish. What is the ruling? He is asking what is the ruling, what is the way out, and what he must do now for her to leave?
The Shaykh : What is the way out from what?
The questioner : This Iraqi brother contracted the marriage with her, but he has not arrived yet. So he is asking if he made a mistake in this matter or what does it mean?
The Shaykh : From the Shari'ah perspective, he did not make a mistake, because the Shari'ah marriage—and peace be upon you—the Shari'ah marriage is established by two witnesses.
The questioner: Yes.
The Shaykh : And with the permission of the woman's guardian.
The questioner: Yes.
The Shaykh : Was all of this present?
The questioner : Yes, these conditions were present.
The Shaykh : But from the legal perspective, this leads to many problems. He cannot travel, and he cannot perform Hajj, or she cannot perform Hajj without the husband as a mahram, meaning.
The questioner: Yes.
The Shaykh : The important thing is, if he appoints someone to conclude the contract in the court, that is the way out. But the contract is valid according to the Shari'ah. Is the answer clear?
The Shaykh : Why did they refuse?
The questioner : They refused because the contract was not registered in the court or in the residence records, contrary to that, and they did not consider this contract valid.
The Shaykh : You are saying mu'adhdhin.
The questioner : Yes, meaning.
The Shaykh : Meaning a mu'adhdhin from the court.
The questioner : No, with a man, meaning a marriage contract.
The Shaykh : So do not say mu'adhdhin then.
The questioner : He is called a mu'adhdhin, O Shaykh, in our language.
The Shaykh : No, O Shaykh, may Allah guide you, the mu'adhdhin is according to custom.
The questioner : According to custom.
The Shaykh : The mu'adhdhin by custom is the employee appointed by the Shari'ah court.
The questioner: Yes.
The Shaykh : But you mean that a certain man, a man who is not a mu'adhdhin, concluded the contract.
The questioner : Yes, a man.
The Shaykh: All right.
The questioner : They did not recognize this contract, meaning they say the woman does not leave unless she is with a husband or a brother, but due to his ignorance, he had a friend from Iraq conclude a contract in the court as they wish. What is the ruling? He is asking what is the ruling, what is the way out, and what he must do now for her to leave?
The Shaykh : What is the way out from what?
The questioner : This Iraqi brother contracted the marriage with her, but he has not arrived yet. So he is asking if he made a mistake in this matter or what does it mean?
The Shaykh : From the Shari'ah perspective, he did not make a mistake, because the Shari'ah marriage—and peace be upon you—the Shari'ah marriage is established by two witnesses.
The questioner: Yes.
The Shaykh : And with the permission of the woman's guardian.
The questioner: Yes.
The Shaykh : Was all of this present?
The questioner : Yes, these conditions were present.
The Shaykh : But from the legal perspective, this leads to many problems. He cannot travel, and he cannot perform Hajj, or she cannot perform Hajj without the husband as a mahram, meaning.
The questioner: Yes.
The Shaykh : The important thing is, if he appoints someone to conclude the contract in the court, that is the way out. But the contract is valid according to the Shari'ah. Is the answer clear?
Source
www.al-albany.com
The Arabic text is copied verbatim from the original source, without any edits.