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Fatwa #59427 August 2000Pakistan

We have not received our contract from the Imam who married us. Since we don't have the contract in hand, is the marriage still valid.

Answer

If the correct procedure was adopted in performing the Nikah, the marriage%0D%0Ais valid.%0D%0A%0D%0AThe written contract is not a prerequisite for the validity of the marriage.%0D%0AIt may be kept for future references.%0D%0A%0D%0AA Nikah is performed with a proposal (Iejaab) by the male or female and%0D%0Aacceptance (Qubool) by the male or female in the past and%2For present tense%0D%0Ain the presence of two male Muslim witnesses (Hidaaya vol. 2).%0D%0A%0D%0AIt is Sunnat that the marriage be announced and performed in the Masjid and%0D%0Athe bride be represented by her Mahram (father, brother, etc.). The bride%0D%0Agives consent to her representative (Wakeel) in the presence of two%0D%0Awitnesses to perform her marriage at the Masjid. At the Masjid, the Wakeel%0D%0Arepresents the bride in the presence of the two witnesses who must be%0D%0Atrustworthy and pious male Muslims. They should not be from among the girls%0D%0Aascendants e.g. father, etc. nor from her descendants, e.g. son, etc.%0D%0A%0D%0AHaving said that, if the sister (attained puberty) wishes to represent%0D%0Aherself at the time and place of Nikah, then she may do so without a Wakeel.%0D%0AThis is according to the Hanafi Madhab - according to Shaaf'ee permission is%0D%0Aincumbent.%0D%0A%0D%0AA marriage without the two witnesses is not valid. the relationship will be%0D%0Aillegal and Haraam.%0D%0A%0D%0Aand Allah Ta'ala Knows Best%0D%0A%0D%0AMufti Ebrahim Desai%0D%0A
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