Is it permissible for a deaf-mute creditor to dictate to the scribe in sign language, or is he obligated to speak?

The gesture of a mute person is considered valid in Islamic law and takes the place of speech if it is understandable and agreed upon. Therefore, all contracts such as sale, lease, marriage, divorce, emancipation, absolution, and acknowledgments, except for acknowledgments concerning hudud (punishments), are valid through their gestures, whether they are capable of writing or not, and whether their muteness is congenital or acquired. Some issues are exceptions to this, such as the prayer not being invalidated if they communicate by gesture, their testimony not being accepted, their oath not being broken if they swore not to speak to someone and communicated with them by gesture, and their oath not being binding by gesture except in the case of li'an (oath of mutual imprecation) due to necessity.

If the right relates to a debt, the verse states that the guardian should dictate if the person entitled to the right cannot dictate due to foolishness, weakness, or muteness. This is not in contradiction to a mute person dictating by gesture, but because the guardian's verbal dictation is stronger in terms of documentation. Therefore, if the mute person's guardian can dictate, it is preferable; otherwise, the mute person's dictation by sign language is valid if it is understandable.