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Jurisprudents differed in the ruling on customary marriage that completes the legal conditions and pillars. However, it lacks official documentation, and their disagreement is based on three statements, as follows:
The first saying: It is a permissible and valid marriage, and it is a legal marriage. And if it is not recorded in an official document; Since it is not officially documented, it does not harm the validity of the contract. However, it is better to document it. To preserve the rights of both spouses, and the provisions of marriage, its rights, and its legal effects entail, and most scholars said this; Such as Sheikh Hassanein Makhlouf, Sheikh Saleh bin Fawzan, Sheikh Yusuf Al-Qaradawi, and others, and they inferred that it is a marriage that fulfills the pillars and conditions, and this was present among Muslims before the appearance of official documentation, and that the official documentation came to preserve the rights between the two parties; it is not one of the pillars and conditions of the contract; The Islamic religion made the presence of witnesses one of the conditions of the contract.
The second saying: It is an impermissible and forbidden marriage, and Sheikh Nasr Farid Wasil, Sheikh Muhammad Safwat Nour al-Din, and others went to this saying, and they inferred that it is a secret marriage; This is due to the lack of witnesses; As they are among the conditions for a valid marriage, and for the lack of advertising and publicity; This is why it is a taboo secret.
The third saying: It is a valid marriage with the consequences of sin. it is a valid marriage; However, he is sinning whoever marries him; If the guardian requires that marriage contracts be officially documented, and undocumented marriages are prohibited; It must be obeyed, and this is what Sheikh Muhammad Sayyid Tantawi went to, and they inferred that because it was a secret marriage; For lack of testimony, publicity, and because it is disobedience to the guardian; for not documenting it.