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21 / 05 / 2026
The Ruling on the Engagement of a Fiancée Without Contract Documentation
A girl was engaged in a gathering with witnesses present, and the proposal and acceptance 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 complete divorce? Does she inherit from him in case of death? Is there a requirement for maintenance and a dowry, both immediate and deferred, knowing that the marriage was not documented in the Sharia court?
Answer
I say, and with God's success: It is not considered a contract in the community's custom unless it is documented in court. What precedes it, such as proposal, acceptance, and Al-Fatiha, indicates mutual consent but not a contract. Therefore, a woman should not be alone with her suitor, and if they disagree, it is not considered a divorce. And God knows best.
