What is the ruling on a marriage contract if the offer and acceptance are with the word "I accepted" and in different languages?
A valid marriage contract (nikah) requires an offer (ijab) from the woman's guardian (wali) and an acceptance (qabul) from the husband, in the presence of two witnesses. A woman marrying herself is not valid according to the majority of scholars. Imam Abu Hanifa, however, holds that a mature woman can marry herself, and some allow this provided she has her guardian's permission.
Therefore, the fatwa we hold is that this contract which occurred between the bride and groom is invalid. To rectify it, the woman's guardian must directly conduct the marriage contract, or appoint someone suitable to do so, in the presence of two witnesses. There is no objection to the offer and acceptance being in a language other than Arabic.
It is preferable for the offer to come from the guardian, followed by the acceptance from the husband. However, if the acceptance precedes the offer, the contract is valid according to many scholars. Ibn Qudamah, however, holds that the contract is not valid if the acceptance precedes the offer.
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