Ish-had

624

A: The agreement between the Waliy of a woman and her suitor is not enough and does not replace Ish-had to the contract, even if there are Ijab (a pillar of the marriage contract: a willing offer of marriage expressed by the bride's guardian) and Qubul (a pillar of the marriage contract: a willing acceptance expressed by the groom) between them. This is because the attendance of two just witnesses to attest to the contract is obligatory, for the Prophet (peace be upon him) said: "There is no marriage without (the presence of) a Waliy and two just witnesses (i.e. their attestation to the contract)." Moreover, signing the marriage contract based on the agreement between the Waliy of a woman and her suitor only without the attestation of two just witnesses could be a means to Zina (premarital sexual intercourse). May Allah grant us success. May peace and blessings be upon our Prophet Muhammad, his family, and Companions.