Is the sermon (Khutbah) a prerequisite for the validity of a marriage contract?
General Chapter
Al-Mughni
Book of Marriage
Primary text
The sermon is not obligatory according to any known scholar of the early generations. Evidence for its non-obligatory status includes the narration where the Prophet married a man solely based on what he knew of the Quran, without mentioning a sermon. Similarly, 'Umar married a woman only stating, 'I have married you upon what God commanded: to retain her kindly or release her honorably.' Another narration shows the Prophet marrying someone without the testimony (Tashahhud) being recited.
Supporting text
Dawud is the sole known scholar who considered the sermon obligatory based on the earlier evidence suggesting completeness when the sermon is present. The counter-argument is that since marriage is a contract of exchange, the sermon is not required, just as it is not required in a sale. The evidence cited by proponents of obligation indicates the sermon's completeness, not its necessity for validity.