Is a marriage valid or void if it was concluded by the man proposing to the woman through her 16-year-old son, and the son said, "I marry you to my mother" based on her prompting, and she accepted in the presence of her mother and sister, but they were not physically with her, and then a friend of the suitor was made to witness two hours later by signing a blank paper?
The guardianship of a son over his mother's marriage is a matter of dispute among jurists.
The صيغة (formula) of offer and acceptance is a pillar (Rukn) in marriage, and it is permissible for the acceptance to precede the offer.
The presence of someone to prompt the marriage formula is not required; the offer and acceptance from both parties are sufficient.
For the validity of the marriage, it is required to have two just male witnesses who are present at the marriage ceremony and hear the offer and acceptance. The testimony of a woman is not valid, according to the preponderant opinion.
The Malikis hold that witnessing is obligatory upon consummation with two witnesses.
This marriage is void and must be annulled. If the spouses wish to continue, they must renew it in the correct manner.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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