Is it permissible for a mother to sign the marriage contract on behalf of her betrothed daughter who has given her consent, if the daughter is unable to travel to complete the contract?
For the validity of a marriage contract, the consent of both spouses is required, and it must be solemnized by the guardian (wali) or his agent in the presence of two just Muslim witnesses. This is based on the Prophet Muhammad's (peace be upon him) saying: "There is no marriage except with a guardian," and his saying: "There is no marriage except with a guardian and two just witnesses."
It is obligatory to obtain the woman's signature and question her to ensure her consent. It is not permissible for anyone else to sign on her behalf, nor for the mother to lie and say "yes" or "I accept" instead of her daughter.
If you are unable to travel, postpone the marriage contract or solemnize it in your own country. Some scholars do not accept a woman appointing someone to sign on her behalf; rather, she must sign herself, and her consent must be confirmed by questioning her.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Ftawy
- Original fatwa ID
- 5783
- Added here
- . This is when the answer was added to El Fatwa, not the fatwa's date.
- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
- Read the full answer on Ftawy