Is it permissible for the suitor to contract his marriage to his fiancée, with her mother and brother as witnesses, and is it permissible for him to consummate the marriage with her after the contract?
The conditions for the validity of a marriage contract are numerous, including the presence of upright witnesses and a guardian (wali). If the suitor is not the woman's guardian or his agent, the contract is invalid according to the majority of scholars. If he is the guardian, scholars have differed on the validity of him conducting the contract himself; some have permitted it, such as Al-Hasan, Malik, and Abu Hanifa, while others have prohibited it, such as Al-Shafi'i. Based on the foregoing, the aforementioned contract is invalid due to the absence of acceptable witness testimony and a valid guardianship.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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