Back to search
The question

Is the marriage contract concluded between the husband and his wife's father Islamically valid if the father was deputized to propose to a girl, but he proposed to her sister instead, and the contract was concluded without the delegator's knowledge until after its completion?

Share this answer

Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

The agent must adhere to the limits of the agency; otherwise, he would be considered an unauthorized intervener (fuduli). Scholars have differed regarding the validity of a marriage contracted by an unauthorized intervener; some have invalidated it, while others have affirmed its validity, contingent upon the approval of the person for whom the contract was made. The aforementioned contract is valid according to those who permit the contract of an unauthorized intervener, and since you acted upon its terms, you have ratified it. The majority of scholars affirm its validity, while the Shafi'i school holds that it is invalid.

Summarized from the full answer at Ftawy · imported

Read the full answer on Ftawy
Source platform
Ftawy
Original fatwa ID
87555
Imported
Translation status
Source text, unreviewed
Read the full ruling
Read the full answer on Ftawy