What is the ruling of the Sharia on a marriage that took place through the recitation of Al-Fatiha, the payment of the dowry, and the setting of a wedding date, in which there was a private meeting (khalwa) and intercourse without the knowledge of the families, and then the two parties separated and the husband reclaimed the dowry without documenting the contract?

Merely reciting Al-Fatiha does not constitute a marriage contract. The conditions for an offer and acceptance between the woman's guardian and the groom, along with the presence of two witnesses, must be met. If the contract is concluded with its conditions, the woman becomes a wife, and everything becomes permissible for the husband with her. If a valid khalwa (private seclusion) occurs, the woman is entitled to the full mahr (bridal gift), and she must observe the iddah (waiting period) and receive maintenance.

However, if the contract is not concluded with its conditions, then seclusion and intercourse are forbidden and are considered zina (illicit sexual relations) if both parties are aware of the prohibition. In this case, she is not entitled to mahr or maintenance, and the child is attributed to her. If they were ignorant of the ruling, it is wat' shubha (intercourse based on a misconception), whereby she is entitled to the mahr and maintenance for the duration of the iddah, and the child is attributed to him.

If the recitation of Al-Fatiha was intended as a contract fulfilling all conditions, then the man cannot reclaim the mahr. If the intention was that it was an engagement and the contract was not concluded, then intercourse is zina if they were aware of it, and she is not entitled to mahr. Otherwise, it is wat' shubha, entitling her to the mahr.