Back to search
The question

Is a marriage contract by proxy considered valid if the husband was not present, the dower was not mentioned, and the witnesses did not hear the agent's statement of acceptance of the marriage, even though both parties agreed?

Share this answer

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

This marriage is valid as long as both spouses have appointed someone who is eligible to be their proxy, and the proxy stands in the place of his principal in offering and acceptance. The presence of the principal is not obligatory. So, if the woman's guardian or his proxy says: "I marry you to my daughter so-and-so," the husband or his proxy says: "I accept." It is not a condition for the proxy to say, "I accept her for my principal," as long as he intends to accept her for his principal. As for what the questioner mentioned regarding the principal not stating anything from his speech or message, the intention behind it is unclear. However, a proxy is not allowed to overstep his authority.

Summarized from the full answer at Ftawy · imported

Read the full answer on Ftawy
Where this answer came from
Source platform
Ftawy
Original fatwa ID
99458
Imported
Translation status
Source text, unreviewed
Read the full ruling
Read the full answer on Ftawy