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Is the presence and consent of the father required to complete the marriage contract, and does the cessation of communication with the wife permit her to marry another, and has the wife's mother become permanently forbidden to the husband?

1 min readAlso available in العربية

If the woman's father appointed her brother to conduct the marriage contract, or if he prevented her from marrying you without a valid reason, then the contract is valid. However, if the father was competent to act as guardian and did not appoint her brother, then the contract should be renewed through the father or his appointed representative.

If the contract is valid, the woman becomes your wife, and her mother becomes permanently forbidden to you [in marriage] and becomes your mahram. However, if the contract is not valid, then the woman's mother becomes permanently forbidden to you [in marriage], but she does not become your mahram because the intercourse would be considered waty shubha (intercourse based on a misconception of validity).

Mere cessation of verbal communication does not end the marital relationship. The woman is not permitted to marry another man except through divorce or annulment.

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Source platform
Ftawy
Original fatwa ID
169064
Imported
Translation status
Source text, unreviewed
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