Ruling on Customary Marriage A customary marriage consists of “two things”

Ruling on Customary Marriage A customary marriage consists of “two things”

Each issue is significantly different from the other in terms of judgment and gender. Marriage is not customary except in the following two cases:

 first case,

 For a woman to marry secretly without informing her family and without obtaining the consent of her father or guardian, no matter who this guardian is.

And customary marriage rule in this case is unanimously forbidden. Because marriage was contrary to it,

 One of the conditions for the validity of the marriage, which is the consent of the woman’s guardian; As the Messenger of God - may God bless him and grant him peace - said in a hadith on the authority of God be pleased with him.

Aisha, may God be pleased with her, said: “There is no marriage except for a saint and a witness of justice, and no marriage except for that. And it is invalid,

And if they dispute, the ruler is the guardian of those who have no guardian.

The second case ,

That a woman marries with the knowledge of her family and the acceptance of her full guardian for the marriage, but without announcing the marriage and informing people of it.

And that the marriage takes place without registration in the court at the place of marriage, and the conclusion in this case is that this marriage is complete,

And the pillars in terms of the consent of the woman’s guardian, the presence of witnesses, and so on.

 The court agreed in the place of marriage to preserve the rights of the wife and husband, and God knows best.

 Conditions of Marriage Contract Many marriage contracts,

 Some of them are considered valid, some of them are considered corrupt, and some of them are invalid.

Orfi marriage contract, misyar marriage, temporary marriage,

But the marriage contract in Islam remains the correct contract free of defects and conditions of the marriage contract:

1 The spouses must be fully eligible ie adults of the age of majority.

2 Concluding a marriage contract with her guardian. If a woman marries without a guardian, her marriage is considered void.

3 Specify the spouses. It is not permissible to say that your wife is my daughter, rather it is necessary to mention her name or any other characteristic that distinguishes her from the sisters.

4 The spouses are free from the impediments to the invalidity of the marriage.

5 That the offer and acceptance of the spouses are close, so it is not permissible to force one of them on the other or force them against each other.

6 Testimony to the marriage contract No marriage is valid except with two just witnesses.

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