What are the conditions for the validity of a legal marriage contract, and what are the characteristics required of the two witnesses (righteousness, legal capacity, speaking Arabic, Islam)? What is the ruling on the transfer of guardianship to the maternal uncle if the guardian is unfit? Is it obligatory to inform the guardian about the suitor's character? What is the ruling on authorizing a judge, scholar, imam, notary, or righteous individuals to conduct the contract in the absence of the guardian, whether in a Muslim or non-Muslim country? Is the presence of a marriage officiant or a public notary required to officially record the marriage?
The majority of scholars stipulate that for a marriage to be valid, two Muslim, sane, adult witnesses must be present, who can hear the ijab (offer) and qabul (acceptance) and understand their meaning. The wali (guardian) is a condition according to the majority of scholars. The order of guardianship begins with the father, then the paternal grandfather, then the son, then the full brother, then the half-brother (from the father's side), then their children, and then the paternal uncles. If the closest guardian refuses to marry off the woman without a valid reason, guardianship transfers to the next distant guardian or to the Sharia judge. An absent guardian may delegate someone who meets the conditions of guardianship. It is not obligatory for the woman to inform her guardian that the suitor is already married. The ma'dhun (marriage officiant) is not a condition for the validity of the contract religiously, but documenting the marriage contract is essential for preserving rights.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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