Is the marriage contract invalid if the guardian did not say to the husband, "I give you my daughter [name] in marriage," and the husband did not say, "I accept," and it was deemed sufficient for a third person to recite the marriage formula in the presence of two witnesses? And is ignorance of this ruling an excuse?
A marriage contract is valid if it takes place in the presence of the woman's guardian (wali), the husband, and witnesses, and if they accept and ratify it. The ratification of the agreed-upon صيغة (formula) by the husband and the guardian, and their authorization of someone to recite it on their behalf, is customary proof of acceptance. A marriage contract can be concluded by a single officiant if they have guardianship from both sides, and it is permissible for them to act as an agent in both the offer (ījāb) and acceptance (qabūl).
If the officiant only pronounces the offer, some scholars have deemed the contract valid because the offer implies acceptance. The aforementioned contract is valid because both parties are assured of its validity, and it was conducted according to common practice. A marriage contract is concluded by whatever people consider a marriage, in any language, word, or action, as the intent is to indicate consent.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
Read the full answer on Ftawyhttps://ftawy.com/en/questions/83996