Are the father and brother considered witnesses in the marriage contract, and what is the ruling on the prospective bride's father saying: "I give you my daughter until you consummate the marriage with her," intending by that to postpone consummation until the marriage is announced and civilly documented?
Scholars differ concerning a father's testimony for his son in a marriage contract, with the preponderant opinion being its permissibility. As for a brother's testimony for his brother, some scholars have related a consensus on its absolute permissibility. Maliki jurists, however, are of the view that it is acceptable in marriage. Marriage is not a right solely for the husband or against him; rather, it is both for him and against him. Therefore, the testimony of a relative is accepted in it. As for the condition stipulated by the wife's guardian upon the husband that there be no intercourse until consummation and the documentation of the contract, this is a valid condition that must be fulfilled, based on the saying of the Prophet, peace be upon him: "The most worthy conditions to fulfill are those by which you make intimate relations lawful."
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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