A young man proposed to a girl and contracted with her, and he proposed to her with a ring (a band) and not with a Shari'ah contract, so what is the Shari'ah ruling?
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The questioner : A young man proposed to a girl and contracted with her, and he proposed to her with a band and not with a Shari'ah contract, so what is your opinion of this action?
The Shaykh : Our opinion is that the criterion is the contract. If he contracted with her through a Shari'ah contract, his marriage is valid. This requires that the contract be made with a guardian, that two just witnesses be present, that the wife be specified at the time of the contract, and that she consent to it. The guardian says to the suitor: "I have married you to my daughter so-and-so," and the suitor says: "I have accepted this marriage." By this, the marriage is completed and becomes a valid contract. As for the band, if it is accompanied by the belief that if a woman wears the ring engraved with her husband's name, that is a cause for her remaining with him, then this is a defective and invalid belief, and it is not permissible for a person to hold this bad thought. However, if it is merely a customary ring, but the husband does not take charge of putting it on the fiancée, then there is no harm in that.
The Shaykh : Our opinion is that the criterion is the contract. If he contracted with her through a Shari'ah contract, his marriage is valid. This requires that the contract be made with a guardian, that two just witnesses be present, that the wife be specified at the time of the contract, and that she consent to it. The guardian says to the suitor: "I have married you to my daughter so-and-so," and the suitor says: "I have accepted this marriage." By this, the marriage is completed and becomes a valid contract. As for the band, if it is accompanied by the belief that if a woman wears the ring engraved with her husband's name, that is a cause for her remaining with him, then this is a defective and invalid belief, and it is not permissible for a person to hold this bad thought. However, if it is merely a customary ring, but the husband does not take charge of putting it on the fiancée, then there is no harm in that.