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The Marriage Contract

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  • THE MUTUAL AGREEMENT
"A Woman is not married until she is consulted, and a virgin is not married until you have her permission." They said, "O messenger of Allaah! And how do obtain her permission? He(Sallallaahu Alay hi Wa Sallam) said: "If she is silent." (An taskuta)
[reported by Abu Hurayrah (r)] [Bukhaaree, Muslim, Abu Daawood, and an-Nisaa'ee]
Shaykh Al Albaanee reports it in Mukhtasar Saheeh Muslim no. 602
He makes the takhreej of it in Irwaa Al Ghaleel no. 1727
He declares it authentic in Saheeh Al Jaami' vol. 2, no. 7470
  • THE CONTRACT
In It'haaf Al Karaam, I found the following:
(1018) And from Mu'aawiyah ibn Hakeem from his father that he said, "I said, 'O Messenger of Allaah(Sallallaahu Alayhi Wa Sallam), What is the right that one of our wives has over us?' So he said, 'Feed her when you eat, clothe her when you wear clothes, and do not strike her on the face, and do not revile her or make hijrah from her, except in the house.'
[recorded by Ahmad, and Abu Daawood, and Nisaa'ee, and Ibn Maajah, and Bukhaaree with some parts of it being Mu'allaq, and it was authenticated by Ibn Hibbaan, and Imaam Al Haakim] Shaykh Mubaarakfooree also considers it to be Saheeh. It can be found on p. 304 of It'haaf Al Karaam.
Source: AbdurRahman.org

  • THE WITNESSES


"There is no marriage except with a Walee, and trustworthy witnesses." (Wa Shaahidee 'Adl)
[reported by Umraan, and Aa'ishah(r)] [Bayhaqee]
Shaykh Al Albaanee makes the takhreej of it in Irwaa Al Ghaleel no.'s 1839, 1858, 1860
He declares it authentic in Saheeh Al Jaami' vol. 2, no. 7557
b. "There is no marriage except with a Walee, and two witnesses."
[reported by Abi Moosaa] [At-Tabaraani in Al Kabeer]
Shaykh Al Albaanee makes the takhreej for it in Irwaa Al Ghaleel no. 1839, 1858.
He declares it authentic in Saheeh Al Jaami' vol. 2, no. 7558.
Source: AbdurRahman.org