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First, a valid Islamic marriage has fundamental pillars. If these pillars are fulfilled, the marriage is valid. While these pillars are not unanimously agreed upon across all jurisprudential schools, each school has its own set of pillars that mostly align with the majority and differ in a few aspects.
These pillars are:
• Offer and acceptance (Ijab and Qabul), which is unanimously agreed upon.
• The two parties to the contract: some details are given further by saying the one who contracts and the one who is contracted upon.
• Witnesses: This is agreed upon fundamentally, but there are differences of opinion regarding the timing of witnessing. It is a pillar at the time of the contract, according to the majority, and a pillar at the time of consummation, according to the Malikis.
• The guardian (wali): It is a pillar of the contract according to the majority, but not according to the Hanafi school.
• The dower (mahr): It is a pillar according to the Maliki school, but not others. Each of these pillars has conditions that must be met to validate the pillar.
Some scholars include conditions within the pillars, considering them inseparable, such as the condition of the husband’s Islam, which is a condition for the contracting party, and the condition of absence of impediments, which is a condition for the contracted upon the party and not a pillar itself.
Second, the basic nature of the marriage contract is that it is a contract of exchange according to the classical jurisprudential division. The parties to the exchange are those who will own the benefit and those who will provide it. The intention in contracts of exchange does not affect the validity or invalidity of the contract but is relevant for reward or otherwise. For example, if someone sells something with a valid contract but has an evil intention, the contract is valid legally, but they are sinful religiously. If someone undertakes a contract of exchange with a good intention and to be kind, the contract is valid legally, and they are rewarded religiously. Thus, if a man marries a woman, or a woman marries a man with a contract that fulfills the pillars and necessary conditions according to a reputable school of thought and one of them has an intention that affects the contract or a benefit exceeding what the contract entails, the contract is valid, but the intention is void and does not invalidate the marriage contract.
Third, a marriage contract has pillars and conditions that must be met for its validity. Once the pillars and conditions are fulfilled, the contract is valid in all circumstances. Documentation is not a pillar or a condition but rather a means to establish the rights related to marriage.
A marriage with its pillars and documentation is valid both religiously and legally. Without documentation, it is valid religiously but may not be legally recognized for claims due to the lack of documentation.
Fourth, those who resort to a valid Islamic marriage contract without documentation with the intention of obtaining a specific benefit not given by Sharia or known customs (civil law), such as someone wishing to continue receiving the pension of their deceased spouse or someone wanting to retain custody along with the associated financial support, are engaging in deception and fraud, which is forbidden and a sign of weak faith. Allah Almighty says: “But no, by your Lord, they will not [truly] believe until they make you, [O Muhammad], judge concerning that over which they dispute among themselves and then find within themselves no discomfort from what you have judged and submit in [full, willing] submission.” These actions are also considered prohibited tricks in Sharia, as Ibn Qudama, may Allah have mercy on him, said: “He shows a permissible contract intending a prohibited action, deceitfully and as a means to do what Allah has forbidden, to permit the prohibited or to evade a duty or to deny a right.” While we affirm the prohibition and sinfulness of such deception, it does not affect the validity of the marriage contract and its consequent rulings. For example, if a woman marries a man for his wealth and not for what the marriage contract entails, but with a valid contract, the marriage is valid legally, but she sins religiously.
