RE: Marriage Contract and its Requirement
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Question
Does it means that Nikah will still be valid (though Makruh Tahrimi) if a woman says to a man that "I gave myself in your nikah", without the presence of any witness and without mentioning the dowry?Answer
Assalamu alaykum
A careful reading of Shaykh Munawwar’s answer [see link below] would show that the abovementioned contract would not be would not be valid.
He mentions that the presence of two male witnesses or one male and two female witnesses is an essential condition for a valid contract. As for mentioning or not mentioning the mahr, this is not a condition and has no effect on the contract.
Sohail Hanif
This answer was published by SunniPath and is preserved as written. Rulings can depend on circumstances; for your own situation, consult a qualified scholar.
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