Back to search
The question

Is it necessary for the mother herself to be present for the dissolution of a new marriage contract after divorce and the waiting period, or can one of her sons be authorized to act on her behalf? And is the testimony of two male sons from among her children sufficient? And is consummation a condition for the validity of the contract?

Share this answer

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

The mother's presence is not required at the time of the marriage contract, nor is it sufficient for her to appoint someone else as her proxy. Rather, her guardian (wali) or his proxy must be present. The woman's guardian is: her father, then her paternal grandfather, then her son, then her full brother, then her half-brother (from the father's side), then their sons, then her paternal uncles.

As for the validity of the marriage contract with the testimony of two of her male sons, it is correct and is the preponderant opinion.

Consummation is not a condition for the validity of the contract.

Summarized from the full answer at Ftawy · imported

Read the full answer on Ftawy
Source platform
Ftawy
Original fatwa ID
166085
Imported
Translation status
Source text, unreviewed
Read the full ruling
Read the full answer on Ftawy