What is said at the marriage contract and what do the witnesses testify to
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Question:
What is the form of writing marriage contracts? And what does the one who gives them in marriage say? And what is recited when we, the witnesses, did not ask the girl whether she agrees or not, but according to her father's words, it became clear to us that she agrees?
Answer:
The Sunnah is that the mu'adhdhin, or the wali, or the groom recites the Khutbat al-Hajah (the sermon of need). This is the Sunnah: "All praise is for Allah, we praise Him, seek His help, and seek His forgiveness. We seek refuge in Allah from the evils of our souls and the badness of our deeds. Whom Allah guides, there is no one who can misguide him, and whom He misguides, there is no one who can guide him. And I bear witness that there is no god but Allah alone, with no partner, and I bear witness that Muhammad is His slave and His Messenger." Then he recites the three well-known verses. Then he says to the wali: "Say: I give you in marriage my daughter, or my sister, so-and-so, or my brother's daughter, so-and-so." And the groom says: "I accept this marriage."
This is the marriage. The witnesses listen so that they can testify to what took place. Two witnesses, or more, testify to what occurred, that so-and-so, the son of so-and-so, married so-and-so, the daughter of so-and-so, or his sister so-and-so. The mu'adhdhin is the one who handles matters related to consent and lack of consent. The mu'adhdhin is the one who asks the wali, or requests the witnesses, and if he has knowledge, he may need them. The witnesses testify to the reality; they testify that the mu'adhdhin so-and-so, or the judge so-and-so, or the person so-and-so, conducted it thus: so-and-so married so-and-so in the presence of her wali so-and-so, or the groom so-and-so. And this is sufficient.
Question: Meaning, do they not go to take her consent?
Answer: No, that is for the mu'adhdhin. He is the one who handles these matters, or the judge.
What is the form of writing marriage contracts? And what does the one who gives them in marriage say? And what is recited when we, the witnesses, did not ask the girl whether she agrees or not, but according to her father's words, it became clear to us that she agrees?
Answer:
The Sunnah is that the mu'adhdhin, or the wali, or the groom recites the Khutbat al-Hajah (the sermon of need). This is the Sunnah: "All praise is for Allah, we praise Him, seek His help, and seek His forgiveness. We seek refuge in Allah from the evils of our souls and the badness of our deeds. Whom Allah guides, there is no one who can misguide him, and whom He misguides, there is no one who can guide him. And I bear witness that there is no god but Allah alone, with no partner, and I bear witness that Muhammad is His slave and His Messenger." Then he recites the three well-known verses. Then he says to the wali: "Say: I give you in marriage my daughter, or my sister, so-and-so, or my brother's daughter, so-and-so." And the groom says: "I accept this marriage."
This is the marriage. The witnesses listen so that they can testify to what took place. Two witnesses, or more, testify to what occurred, that so-and-so, the son of so-and-so, married so-and-so, the daughter of so-and-so, or his sister so-and-so. The mu'adhdhin is the one who handles matters related to consent and lack of consent. The mu'adhdhin is the one who asks the wali, or requests the witnesses, and if he has knowledge, he may need them. The witnesses testify to the reality; they testify that the mu'adhdhin so-and-so, or the judge so-and-so, or the person so-and-so, conducted it thus: so-and-so married so-and-so in the presence of her wali so-and-so, or the groom so-and-so. And this is sufficient.
Question: Meaning, do they not go to take her consent?
Answer: No, that is for the mu'adhdhin. He is the one who handles these matters, or the judge.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.