7051
4
22 / 06 / 2026
The Engagement is Not Considered a Contract in Custom
A girl was engaged in a gathering in the presence of witnesses, and the acceptance and proposal were made along with the recitation of Al-Fatiha. Is this considered a marriage? What are the implications if they disagree? Does it necessitate a full divorce? Does she inherit from him in case of death? Is there a requirement for maintenance and a deferred and immediate dowry, knowing that the marriage was not documented in the Sharia court?
Answer
I say, and with God's success: A contract is not considered valid in the community's custom until it is documented in court. What precedes it, such as an offer and acceptance and the opening, indicates mutual consent but not the contract itself. Therefore, a woman should not be unveiled to her suitor nor be alone with him, and if they disagree, it is not considered a divorce. And God knows best.
