@emil
Couple of years go did my research on marriage/divorce and did not find verse in koran stating that witnesses are needed with marriage. However when it comes to divorce, an oath with God and two just human witnesses are needed. Now, there are those who say that marriage is a contract and witnesses are needed when two parties enter a contract and thus, marriage need to be witnessed. But then again, this is a deduction based on viewing marriage as a contract.
in many arranged marraiges, basically marriage is a business transaction. But not per Koran though. How much gift a man gives his wife is not something that needs to be made public and recorded on paper. if the woman forgoes the gift, she doesn't have to publicize it. A lot of what we think, believe and practice are based on traditions which have then been attributed to God.
There are those who say that paper and witnesses provide protection. But from what and how? How can documents and witnesses make sure that the "contract" is honored? Can't force someone to love and care. A sociopath for example doesn't care who s/he hurts - papers and witnesses mean nothing. if anything, a sociopath will try to manipulate the system/people to get what s/he wants. What provides protection is when God conscience persons get married with the intention of wanting to lead an "Islamic" life so to speak - to love and care for each other. And God advices couples not to be selfish and work on resolving problems should they arise. In other words, take the oath seriously.
Anyhow, I am quite sure that there are no verses to be found in the Koran stating that witnesses/papers are needed for marriage. However, witnesses are needed for divorce.
If I am in the wrong, please do correct me and let me know. I sure would not want to go around saying something that is not true.
