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15 Jamadi al-Awwal 1444  ,  09 December 2022

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Fatawaa


Subject : Ruling on Unregistered Marriage in Jordan

Fatwa Number : 1489

Classified : Pillars of marriage

Fatwa Type : Summarized Fatawaa


Question :

What is the ruling of Sharia on unregistered marriage in Jordan?



The Answer :

All perfect praise be to Allah the Lord of the Worlds. May His peace and blessings be upon our Prophet Mohammad and upon all his family and companions.

Aishah narrated that the Messenger of Allah said: "Whichever woman married without the permission of her Wali her marriage is invalid, her marriage is invalid, her marriage is invalid. If he entered into her, then the Mahr is for her in lieu of what he enjoyed from her private part. If they disagree, then the Sultan is the Wali for one who has no Wali." {Related by Tirmithi, No. (1102)}. The Prophet (Peace and blessings be upon him) also said: "There is no marriage without a guardian and two honorable witnesses." Related in Al-Mo`jam al-Basit for Tabarani, No. (6366}. Registration of the marriage contract at Islamic court is necessary for the preservation of rights and failing to do so is punishable by Jordanian Law. And Allah the Almighty knows best.






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