Quote:
Originally Posted by Revert
The way i see it is if you need a contract then don't get married, thats just a personal view.
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Marriage requires the consent of the
wali and the presence of two witnesses. The "consent" and the "witnesses" are part of any contract that involves
mu3amalat (dealings). Marriage also involves
mu3amalat, because there's going to be a financial provider and of course the question of inheritance, or alimony in the event of divorce.
Besides, the word
3aqd in Arabic literally means "tie or knot". So when one says, "The man
3aqqad on this woman", it means "he married her/tied the knot with her", and that is the
fiqhi definition for all types of
3uqood.
In reality, however, marriage is a social contract. So once you have done your
ishhaar (to announce to the public) and people come to know you're married, that's considered enough. But in today's world there are too many complications, and a written contract is necessary. Say a man stops paying his
nafaqah to his wife or divorcee - the only way a woman can prove she was married once or divorced is by presenting a written document to support her claim.
Also, if a husband dies and his family refuse to give the wife her inheritance, she might need to prove she was married to the husband as well. It might not be necessary if you have witnesses and stuff, but let's be realistic. People lie. You can "hire" witnesses these days. Also, if you live abroad where not many people know you, it's going to be difficult to claim your rights. A contract is good, especially for women.