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?
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.
Summarized from the full answer at Ftawy · imported
Read the full answer on Ftawyhttps://ftawy.com/en/questions/116587
- Source platform
- Ftawy
- Original fatwa ID
- 116587
- Imported
- Translation status
- Source text, unreviewed
- Read the full ruling
- Read the full answer on Ftawy