A marriage is a contract between two parties, a man and a woman,
made in the presence of witnesses as well as the woman's guardian.
It also involves the payment of a dower, the amount of which is
agreed between the two parties and become payable by the husband at
the time when the contract is made (though the payment may be
deferred by mutual consent).
A marriage contract does not need to be written down in order to be
valid. But the documentation is important, particularly these days
in order to ensure that all future formalities are properly made.
In many Muslim marriages, the wife may not be present when the
actual contract is made. However, her father or guardian comes to
her with two witnesses and asks her whether she gives him the
[verbal] power of attorney [in presence of the two witnesses] to act
for her in marrying her to the man concerned and whether she agrees
to the amount of dower to be paid to her. When she has given him the
power of attorney, he proceeds to complete the marriage contract.
An offer of marriage is made by the woman's father or guardian.
Secondly, an acceptance made by the man in the presence of two
Muslim witnesses. The witnesses may be required to confirm the
actual marriage in front of a judge. In order that their testimony
be binding on a Muslim party, they must be Muslims.
The bride is entitled to receive a dower. The dower, a sum of money,
in cash or kind, must be specified as being given by the bridegroom
to his bride.
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