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The question

Is prior authorization required for the groom's guardian in the marriage contract, or is the groom's silence and consent during the contract considered authorization for the maternal uncle?

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

Among the pillars of marriage (nikah) are the offer (ijab) and acceptance (qabul). The majority of scholars stipulate that both must be verbally expressed, and silence is not sufficient. The husband can directly express acceptance or delegate someone to act on his behalf. A person's silence does not establish his uncle's agency unless there is legal proof, because the default is the absence of agency. If the uncle was not authorized, the majority of scholars consider the marriage invalid and necessitate its renewal. However, Sheikh al-Islam Ibn Taymiyyah holds the view that the marriage is valid if circumstantial evidence indicates the husband's consent to it.

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Ftawy
Original fatwa ID
116587
Imported
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Source text, unreviewed
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