Is it lawful to conclude a marriage contract without a Ma'dhun?


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Q: Is it obligatory that the marriage contract be concluded by someone who dictates the Waliy (a legally accountable person acting for a woman regarding marriage) of the bride the formula of affirmation and dictates the husband the formula of acceptance? Or is it permissible to conclude marriage without this person if the marriage fulfills its conditions and pillars?


A: If the matter is as mentioned in the question that affirmation and acceptance are confirmed by you and her father, the dowry is delivered, the witnesses are present and the girl (Part No. 18; Page No. 106) whose name is mentioned in the contract agrees, then the marriage is correct even if no other person assumes the concluding of the marriage contract. This is not a condition for the validity of marriage or a supplementary to it. Governments ordered that the marriage contract should be concluded and registered by the marriage official to put an end to chaos, stop cheating, protect the lineage, honors and rights and to prevent denial in case of disputes that arise in this regard. The ruler should be obeyed in such matters and the like to help him control his people and achieve the best interest for them. May Allah grant us success. May peace and blessings be upon our Prophet Muhammad, his family, and Companions.




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