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The question

Is the father's consent given to the girl permissible, and is the marriage contract that took place valid, or must it be redone?

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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, it must be contracted by the woman's guardian (wali) or his agent, in the presence of two witnesses, based on the Prophet's (peace and blessings be upon him) sayings: "There is no marriage without a guardian," and "There is no marriage except with a guardian and two just witnesses."

If the girl's father did not attend the contract and did not appoint an agent, the marriage is invalid according to the majority of jurists. The Imam of the mosque or the marriage officiant (ma'dhun) has no relation to the contract unless he witnesses it or prompts the guardian. The father's consent is of no value if he or his agent does not undertake the contract.

The testimony of women is not considered valid for a marriage contract; rather, two just Muslim male witnesses are required. If a Muslim man attends along with the Imam of the mosque, their testimony is sufficient, but the contract remains invalid due to the absence of the guardian.

Therefore, this contract must be redone. It is best for the father to appoint another person to conduct the contract on his behalf, with the presence of two witnesses.

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Ftawy
Original fatwa ID
5058
Imported
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Source text, unreviewed
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