Is a marriage contract valid if the wording of the offer was pre-dictated to the guardian, and the guardian uttered the offer while having doubt about its form or about the designation of the wife, knowing that the identification cards of both spouses were exchanged in the same session? If it is not valid, what action must be taken and what is the ruling regarding any children if they exist? Is a marriage contract valid in writing without uttering the offer and acceptance verbally?
For a marriage to be valid, the two spouses must be designated in a way that distinguishes them, whether by name, اشاره (pointing), or description, and by anything that clarifies their identity. This designation was achieved by presenting personal ID cards containing names and photos, and by the witnesses examining them. Therefore, the contract is valid, and doubt after the completion of the act is not to be entertained. As for a contract by writing without verbalization, marriage is not valid through writing or اشاره (signaling) for one who is able to speak, according to the majority of jurists. The Hanafis, however, permit it for an absent person under specific conditions.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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