Series of Answers by the Eminent Scholar Ata Bin Khalil Abu Al-Rashtah, Ameer of Hizb ut-Tahrir, to the questions of his followers on his Facebook page "Fiqhi"
Answer to Question
To Manar Aljunaidi
Question:
Assalamu Alaikum,
A question regarding a phenomenon that has become widespread among us, which is holding a party after what is known as the reading of Al-Fatiha or Al-Talba (the formal proposal). During this party, the fiancée wears a gown, beautifies herself like a bride, wears rings, dances, and does other things before the Katb al-Kitab (marriage contract). Is this Shari’i-permissible on the grounds that it is a public announcement (ishhar)? Knowing that previously, the hijab was not removed nor was beauty displayed before the groom except after the Katb al-Kitab. Please advise us, may Allah benefit you and increase you in goodness.
Answer:
Walaikum Assalam Wa Rahmatullahi Wa Barakatuh,
It is not permissible for a woman to reveal her ‘awrah before a non-mahram man who wishes to marry her until the marriage contract is concluded between them, due to the saying of Allah (swt):
وَلَا يُبْدِينَ زِينَتَهُنَّ إِلَّا لِبُعُولَتِهِنَّ
"And let them not display their beauty except to their husbands." (Surah An-Nur [24:31])
A man, before the marriage contract, is not a ba’l (husband), so a woman does not reveal her ‘awrah before him. Once the marriage contract is concluded in its Shari’i manner, the man becomes the woman's ba’l (husband), and it is then permissible for her to reveal her ‘awrah to him because she has become his wife through the contract. As for before the completion of the contract, he is not her husband, and it is not correct for her to reveal her ‘awrah to him. The permissibility of revealing the ‘awrah is one of the rulings resulting from the marriage contract. The reading of Al-Fatiha and the announcement of the engagement do not take the place of the marriage contract, and the rulings resulting from the marriage contract do not apply to them. Therefore, what was mentioned in the question regarding the fiancée revealing her ‘awrah to her fiancé, beautifying herself, and dancing (with him or in front of him) after the reading of Al-Fatiha or the proposal and before the marriage contract (Katb al-Kitab)—this revealing of the ‘awrah to the suitor, the beautification, and the dancing with him are prohibited matters.
We have explained in the book, The Social System, some matters related to marriage and the marriage contract, and I will quote for you some relevant points:
"When an agreement is reached between a man and a woman to marry, they must perform the marriage contract; for marriage is not completed except by a Shari’i contract. This marriage is not considered a marriage unless it is a Shari’i contract performed according to the Shari’i rulings, so that it becomes permissible for one to enjoy the other, and so that the rulings resulting from marriage are applied. As long as this contract does not occur, it is not a marriage...
The marriage is concluded by a Shari’i Ijab (offer) and Qabul (acceptance)... and four conditions are required for the conclusion (in'iqad) of the marriage:
First: The unity of the session of offer and acceptance...
Second: Each of the two contracting parties must hear the words of the other and understand them...
Third: The acceptance must not contradict the offer, whether the contradiction is in the whole of the offer or part of it.
Fourth: The Shari’ah must have permitted the marriage of one of the contracting parties to the other, such that the woman is a Muslim or a Kitabiyah (Person of the Book), and the man is a Muslim and nothing else.
If the contract fulfills these four conditions, the marriage is concluded. If it fails to fulfill even one of them, the marriage is not concluded and is void from its foundation. If the marriage is concluded, then for the validity (sihhah) of the marriage, it must fulfill its conditions of validity, which are three:
First: That the woman is a suitable subject for the marriage contract (e.g., not combining two sisters in marriage).
Second: The marriage is not valid except with a Wali (guardian). A woman does not have the right to marry herself off, nor to marry off someone else, just as she does not have the right to appoint someone other than her Wali to marry her off. If she does so, her marriage is not valid.
Third: The presence of two Muslim, adult, sane male witnesses who hear the words of the contracting parties and understand that the purpose of the words by which the offer and acceptance occurred is the marriage contract. If the contract fulfills these conditions, it is valid; and if one of them is missing, it is a fasid (corrupt) marriage. However, it is not a condition for the marriage contract to be written or for a document to be registered; rather, the mere occurrence of the offer and acceptance from the man and the woman, orally or in writing, fulfilling all conditions, makes the marriage contract valid whether it was written or not..."] End quote.
Marriage, as explained in The Social System, does not exist except by concluding the Shari’i marriage contract in its proper manner as mentioned above. The announcement of the engagement does not stand in the place of the marriage contract, nor do the consequences of the marriage contract apply to it—one of which is the permissibility of a woman revealing her ‘awrah to the one she has contracted the marriage with.
I hope the matter is clear. And Allah is All-Knowing, All-Wise.
Your brother, Ata Bin Khalil Abu Al-Rashtah
14 Safar 1443 AH 21/09/2021 CE
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