Got Married Without Writing The Marriage Contract – Should
She Repeat The Marriage?
Islamic Rulings -
Living Shariah Verdicts
Islamic Questions & Answers
I have been married for a year and a half and
when i got married it was to a muslim man and i became
muslim after a year and a month of being married we
did the marriage islamically correct ie: he asked my
fathers permission and had two witnesses and he asked
me what i wanted for dawry but we did not make a
marriage contract do we need to make one and is the
marriage valid?and also i do not have a Wali do i need
Praise be to Allaah.
May Allaah bless you; we congratulate you for the
blessing of Islam, for it is the greatest of
blessings. We also congratulate you for your marriage,
and we ask Allaah to continue to bless it, and to
bless you with a righteous husband and righteous
If the marriage was done with the agreement of your
father and in the presence of two witnesses, then it
is a valid marriage, and it does not matter that the
marriage contract was not written down or that the
mahr (dowry) was not recorded. But the marriage
contract should be written down because that helps to
protect people's rights. As your marriage was done
before you became Muslim, then your wali (guardian)
was your father who was of the same religion as you,
so if you want to write it down and document what is
in the marriage contract, there is nothing wrong with
But now your father is not qualified to act as your
guardian, because of the difference in religion. See
the answer to question no. 48992.
But you do not need a wali now, because the previous
marriage contract is valid, as stated above.
And Allaah knows best.
Can the marriage contract of a
zaaniyah be annulled?
If a married woman commits zina, is she still
a wife, or is her marriage contract annulled and does
she become divorced because of this action?.
Praise be to Allaah.
If a married woman commits zina, her marriage contract
is not annulled and she does not become divorced
because of her committing this sin, but if she does
not repent and she persists in this evil action, her
husband is enjoined to divorce her, so as to protect
his honour and his children.
Ibn Qudaamah (may Allaah have mercy on him) said:
If a woman commits zina with a man, or her husband
commits zina, the marriage contract is not annulled,
whether that occurs before or after consummation,
according to the majority of scholars. This was the
view of Mujaahid, ‘Ata', al-Nakha'i, al-Thawri, al-Shaafa'i,
Ishaaq and ashaab al-ra'y. But Ahmad regarded it as
mustahabb for the man to leave his wife if she commits
zina, and he said: I do not think that he should keep
such a woman, because there is no guarantee that she
will not be unfaithful to him and attribute to him a
child who is not his. Ibn al-Mundhir said: Perhaps
those who said that keeping this woman is makrooh did
not mean that doing so is haraam, so it is similar to
this view of Ahmad's.
Ahmad said: And he should not have intercourse with
her until it has been established that she is not
pregnant by waiting for three menstrual cycles.
But it is more likely that this may be established by
waiting for one menstrual cycle. End quote.
It says in Kashshaaf al-Qinaa' (5/2):
If a woman commits zina before or after consummation,
the marriage contract is not invalidated, or if a man
commits zina before or after consummating the marriage
with his wife, the marriage is not invalidated by zina,
because it is a sin that does not put one beyond the
pale of Islam, like stealing, but he should not have
intercourse with her until she has observed an ‘iddah,
if she is the one who committed zina. End quote.
Shaykh al-Shanqeeti (may Allaah have mercy on him)
It should be noted that if a man marries a woman
thinking that she is chaste, then she commits zina
when she is married to him, the more correct of the
two (scholarly) opinions is that the marriage is not
annulled, and it is not haraam for him to continue
with the marriage. This was the view of some of those
who did not allow marriage to a zaaniyah, as they
differentiated between continuing such a marriage and
Those who held this view quoted as evidence the
hadeeth of ‘Amr ibn al-Ahwas al-Jashami (may Allaah be
pleased with him) who was present during the Farewell
Pilgrimage with the Messenger of Allaah (peace and
blessings of Allaah be upon him). He praised and
glorified Allaah, and reminded and exhorted (the
people), then he said: "I enjoin good treatment of
women, for they are prisoners with you, and you have
no right to treat them otherwise, unless they commit
blatant sin. If they do that, then forsake them in
their beds and hit them, but without causing injury or
leaving a mark. If they obey you, then do not seek
means of annoyance against them…."
Al-Shawkaani said concerning this hadeeth of ‘Amr ibn
al-Ahwas: It was narrated by Ibn Majaah and al-Tirmidhi,
who classed it as saheeh. Ibn ‘Abd al-Barr said in al-Istee'aab
in his biography of ‘Amr ibn al-Ahwas: His hadeeth
about the Farewell Sermon is saheeh. End quote.
His hadeeth about the Farewell Sermon is this hadeeth,
based on the words, He praised and glorified Allaah,
and reminded and exhorted (the people). This reminding
and exhortation refers to the sermon as is well known.
Thus you may understand that the opinion of one who
says that if a man's wife commits zina, the marriage
is annulled and she becomes haraam for him, is
contrary to the correct view, and Allaah knows best.
Adwa' al-Bayaan (6/82, 83)
And Allaah knows best