Is it permissible for the suitor to contract his marriage to his fiancée, with her mother and brother as witnesses, and is it permissible for him to consummate the marriage with her after the contract?
Source: FtawySummary from Ftawy's records · added here Sep 2, 2026
The conditions for the validity of a marriage contract are numerous, including the presence of upright witnesses and a guardian (wali). If the suitor is not the woman's guardian or his agent, the contract is invalid according to the majority of scholars. If he is the guardian, scholars have differed on the validity of him conducting the contract himself; some have permitted it, such as Al-, Malik, and Abu Hanifa, while others have prohibited it, such as Al-Shafi'i. Based on the foregoing, the aforementioned contract is invalid due to the absence of acceptable witness testimony and a valid guardianship.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
Read the full answer on Ftawyhttps://ftawy.com/en/questions/114925
Where this answer came from
- Source platform
- Ftawy
- Original fatwa ID
- 114925
- 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