Is the first contract considered legally valid despite the absence of an explicit verbal offer and acceptance, and sufficing with indirect offer and acceptance? Is it permissible to adopt the view of Sheikh al-Islam Ibn Taymiyyah that whatever people consider a marriage is a marriage? Is renewing the contract by verbally authorizing the wife's brother via telephone to accept on her behalf considered legally valid? Is it a condition that the agent not be one of the wife's unmarriageable kin (mahram)?
Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 2026
It is permissible to act upon the opinion of some scholars in matters of disagreement if one feels assured by it and is not following personal desires or seeking out dispensations. If trustworthy scholars have given you a confirming the validity of the marriage contract with any phrasing that indicates it, then there is no harm for you in acting upon it as long as you are reassured. If you wish to be cautious by renewing the contract, then empowering the wife's brother to accept the marriage is valid. In fact, the husband may empower the woman's guardian to accept, and the two parties of the contract can handle it.
Summarized from the full answer at Ftawy · imported
Read the full answer on Ftawyhttps://ftawy.com/en/questions/150326
Where this answer came from
- Source platform
- Ftawy
- Original fatwa ID
- 150326
- Imported
- Translation status
- Source text, unreviewed
- Read the full ruling
- Read the full answer on Ftawy