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The question

Is the marriage contract valid if the offer and acceptance were made by the elder brother instead of the grandfather, knowing that the grandfather is the guardian, and he was present during the first contract which lacked the offer and acceptance?

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Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

Authentic hadiths stipulate the guardian (wali) for the validity of the marriage contract, as "there is no marriage without a guardian." If the father is absent, the grandfather has a greater right to guardianship than the brother.

It is not permissible for a more distant guardian to conduct the contract when a closer guardian is present. If a more distant guardian gives the woman in marriage while a closer guardian is present and willing, the contract is invalid.

The contract is not concluded except through offer (ijab) and acceptance (qabul). No specific formula is required for them, but merely filling in data on a website without any contractual formula is not considered a contract. Therefore, the contract must be redone if the guardian does not utter the words of offer and the husband does not utter the words of acceptance. The grandfather can delegate the brother to conduct the marriage contract in the presence of two witnesses.

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Ftawy
Original fatwa ID
4945
Imported
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Source text, unreviewed
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