Some people
believe that it is Sunnah to do marriage contract in the masjid using as proof
the hadeeth: “Announce the marriage and do it in the
mosques.” This is an error as the aforementioned hadeeth is weak. It was
reported by at-Tirmidhee (1089) from the path of ‘Eesaa bin Maymoon from
al-Qaasim bin Muhammad from ‘Aa’ishah. Yahyaa bin Ma’een, Amr al-Falaas and
al-Bukhaaree have all graded the hadeeth weak.
So the hadeeth is weak and cannot be used as evidence. Consequently,
al-Albaanee (may Allah have mercy on him) classified it weak in ad-Da’eefah
(978). However, the first part of the hadeeth, which says: “Announce the marriage”
is authentic as it was classified hasan by al-Albaanee in Saheeh al-Jaami’ 1072
See: al-Kalimaat an-Naafi’ah fil Akhtaa’ ash-Shaai’ah, p. 242
by Shaykh Waheed Abdus-Salaam Baali.
Shaykh Ibn ‘Uthaymeen (may Allah have mercy on
him) was asked: Some people believe that it is recommended to do marriage
contract in the mosque; is there any evidence reported concerning that?
He responded: I do not know of any basis
or evidence from the Prophet (sallallaahu alayhi wa sallam)) to suggest that it
is recommended to do the marriage contract in the mosque. But if it so happens
that the husband and the guardian of the woman are present in the mosque and
they do the marriage contract, there is nothing wrong with that. This is
because it is not like buying and selling. And it is well known that buying and
selling is prohibited in the mosque. But
marriage contract is not like buying and selling. Therefore, if the contract is done in the
mosque, there is no harm. As for saying it is recommended in the sense that we
would tell people to leave the house and go to the mosque, or make an
appointment to meet in the mosque and do the marriage contract there, this is
something for which evidence is required, and I do not know of any evidence to
that effect.
Source: Liqaa’
al-Baab al-Maftooh [ash-Shaamilah], 17/167
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