Prayer Time

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A Marriage Contract made by a Woman and Sent to Her Country to be Signed by Witnesses.

Question:

I am 28 years old from Saudi Arabia. I loved a 32 year old man who is working in Saudi Arabia. We decided to write a marriage contract between us. We sent it to Egypt to a lawyer. The contract was signed by witnesses but it was not registered or certified, but we have not been together alone yet. Is our marriage formal and halal?

Answer:

Praise be to Allah, and may the peace and blessings of Allah be upon the Messenger of Allah, and on his family, and his companions. after which;

Marriage has its conditions and a pillars that must be fulfilled in order for the marriage to be valid.

One of the conditions that makes it valid is the presence of the guardian. It is clear from your question that your guardian did not give you to marriage. Also another condition of its validity is the presence of righteous witnesses, the witnesses must hear the affirmation of the guardian and the acceptance of the husband in order for the marriage to be considered valid.

What you have mentioned showed that what occurred was just writing from both of you without the presence of a guardian or witnesses. Such a marriage is not valid in any way.

Hence, it is not permissible for this man to be alone with you, nor to look at you, because he is an extra person to you.

What must be done is that; If he wants to marry you, he has to ask for your hand in marriage from your guardian, and that your guardian will give you to him in marriage in the presence of two righteous witnesses.

And Allah knows the best.

Source of Fatwa:

Fatwa issued by: Islam web.

Fatwa no.: (384202).

Original Fatwa Text in Arabic Language:

السؤال:

عمري 28 سنة من السعودية، أحببت رجلًا عمره 32 سنة، يشتغل في السعودية، وقررنا أن نكتب عقد زواج بيننا، وأرسلناه إلى مصر لمحام، ووقع على العقد شهود، ولم يتم تسجيله، أو تصديقه، مع العلم أننا لم نختل ببعض، فهل زواجنا رسمي وحلال؟

الإجابة:

الحمد لله، والصلاة والسلام على رسول الله، وعلى آله، وصحبه، أما بعد:

فإن للزواج شروطًا وأركانًا، لا بد من توفرها حتى يحكم بصحة النكاح، فمن شروط صحته: الولي... إلخ. والله أعلم.

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