Secrecy and Witnesses in Temporary Marriage — Jurisprudential Answers — Miscellaneous Issues, Vol. 3

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published translation

Contents
  1. Question and answer
  2. More in Family
  3. References
  4. Editorial notes

Question and answer [link]

Question 135

Does keeping a temporary marriage secret make it invalid? Is a witness required, or may the contract be concluded only between the two parties?

Ahmed al-Hasan Response:

A marriage contract requires either the presence of two witnesses or public announcement. If two witnesses are present, public announcement is recommended. If two witnesses are not present, public announcement is obligatory before intercourse. Without witnesses, the marriage contract remains dependent upon public announcement, and the couple commits a forbidden act if intercourse occurs before that announcement. The sin is repeated each time intercourse occurs until the marriage is publicly announced. A child born from it is attributed to the parents in the same manner as in intercourse based on a mistaken assumption of validity. Witnessing is by two witnesses. Public announcement, on the other hand, takes place after the contract is concluded and before intercourse, and it is fulfilled by whatever is customarily regarded as public announcement, such as inviting people to a wedding feast or informing people through an available means.

published translation. Source [1]

Source: الأجوبة الفقهية (مسائل متفرقة – ج3); Question 135; Page 44; FIQH-MISC-V3-Q135. View Arabic source · Open the original Arabic source ↗

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References

  1. أحمد الحسن. الأجوبة الفقهية (مسائل متفرقة – ج3). Question 135; Page 44. FIQH-MISC-V3-Q135. View Arabic source
Cite this page

الأجوبة الفقهية (مسائل متفرقة – ج3) — أحمد الحسن. Question: 135. Page: 44. FIQH-MISC-V3-Q135. https://books.ahmadalhassan.com/readbookshow/346

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Editorial notes

The page title and topic labels are WikiSavior editorial wording, not quotations from the author.

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View source · Page information
{
  "id": "FIQH-MISC-V3-Q135",
  "book_title_ar": "الأجوبة الفقهية (مسائل متفرقة – ج3)",
  "author": "أحمد الحسن",
  "question_number": 135,
  "page_number": 44,
  "source_url": "https://books.ahmadalhassan.com/readbookshow/346",
  "source_language": "ar"
}