The Marriage Contract and its Requirements

The marriage contract is valid in the presence of the subsequent conditions, though prohibitively disliked (Makruh Tahreeman) according to the Hanafi madhab. (Raddul Muhtar, Fat'hul Qadeer 3:228)

The two essential conditions that have to be met for the contract to be legitimate are:

1-There has to be a vocal offer (ijab) and acceptance (qabul). Hence, a written one would not be sufficient. (Fat'hul Qadeer 3:190)

2-The presence of two male witnesses, if not, one male and two female witnesses. If the marriage contract is between a Muslim and non-Muslim, a 'Muslim' witness is not a requisite. (Fat'hul Qadeer, Raddul Muhtar)

In this situation, there was one male witness and one female. If another woman, or a another man was present at the time of the offer and acceptance,

-who was sane and mature,
-who heard the offer and acceptance
-and knew it was a marital contract (this is a correct 'sahih' additional condition in the madhab. See: al-Jawharah al-Nayirah, Fat'hul Qadeer 3:204), it will be valid, if not, it will be invalid.

To mention the dowry is not a condition for the validity of a contract. In fact, even if one marries on the condition that a dowry is not due, the marriage will be classified valid. (al-Hidayah 1:238, Durarul hukkam)

And Allah is All knowing.

Munawwar Ateeq Rizvi