What is a Muslim Marriage Contract?

I have a question. My family and my future husband’s family have decided on a date for the wedding to be taking place mid-next year Inshallah. I was told that once you and your husband have decided to be married, at that moment in time, you are married. Is this true? I have been told this in reference of the Prophet’s time, when he had his nikkah, it was oral, a verbal agreement. So, is this true that from the moment that both the families as well as the bride and groom decide, that is the moment from when they are married? I’m not sure of what I have been told so I thought I would ask someone learned like yourself. Jazakallah KhairMay Allah reward you for all the time you put into the work of Islam.

For a marriage contract to be valid, it has to fulfill these main elements:

1- The walee. The Prophet PBUH said in the sound hadith reported by Tirmidhi: “Any woman who marries without the permission of her walee, her marriage is invalid, her marriage is invalid, her marriage is invalid”

2- 2 witnesses. The marriage contract must be witnessed, as the Prophet PBUH said in the hadith reported by Tabarani: “There is no marriage contract except with a walee and two witnesses.”

3- There should be an offer or proposal (eejaab) from the walee or the person who is acting in his place, who should say to the groom “I marry so-and-so to you” or similar words. There should also be an expression of acceptance (qabool) on the part of the groom or whoever is acting in his place, who should say, “I accept,” or similar words.

4- Dowry to the bride.

If these conditions are fulfilled, then the marriage is proper and valid.

The fact that both parties agree to a marriage without fulfilling the above requirements does not make a marriage valid.

And Allah knows best

Sh. Riad Ouarzazi