Back to search
The question

Is it permissible for the husband to perform the marriage contract (aqd qiran) for his brother, according to Sharia, after the completion of the court procedures, and what is the legitimate صيغة (formula) for that?

Share this answer

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

For a marriage to be valid, there must be an offer from the guardian, such as him saying: "I marry you to my daughter so-and-so," and an acceptance from the husband, such as him saying: "I accept to marry her," along with the presence of two just witnesses. The presence of a marriage officiant is not required, nor are specific phrases for the formula. The majority of scholars hold that the offer comes from the wife's guardian and the acceptance from the husband. However, according to the Hanbalis, the offer must precede the acceptance. As for the proposed formula, one can begin with the Khutbat al- (Sermon of Need), then the guardian states the offer and the husband accepts. It should be noted that most of what is mentioned in this formula is not essential. If the guardian says: "I marry you to so-and-so," and the husband says: "I accept her marriage," in the presence of two just witnesses, the contract is valid.

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
80927
Imported
Translation status
Source text, unreviewed
Read the full ruling
Read the full answer on Ftawy