Back to search
The question

Is it permissible for a mother to sign the marriage contract on behalf of her betrothed daughter who has given her consent, if the daughter is unable to travel to complete the contract?

Share this answer

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

For the validity of a marriage contract, the consent of both spouses is required, and it must be solemnized by the guardian (wali) or his agent in the presence of two just Muslim witnesses. This is based on the Prophet Muhammad's (peace be upon him) saying: "There is no marriage except with a guardian," and his saying: "There is no marriage except with a guardian and two just witnesses."

It is obligatory to obtain the woman's signature and question her to ensure her consent. It is not permissible for anyone else to sign on her behalf, nor for the mother to lie and say "yes" or "I accept" instead of her daughter.

If you are unable to travel, postpone the marriage contract or solemnize it in your own country. Some scholars do not accept a woman appointing someone to sign on her behalf; rather, she must sign herself, and her consent must be confirmed by questioning her.

Summarized from the full answer at Ftawy · imported

Read the full answer on Ftawy
Source platform
Ftawy
Original fatwa ID
5783
Imported
Translation status
Source text, unreviewed
Read the full ruling
Read the full answer on Ftawy