Is the marriage considered valid if the bride did not hear her guardian (Wali) accept the marriage on her behalf, and does her belief that the marriage is invalid affect the validity of the contract?
Offer and acceptance are two fundamental pillars of marriage (). The offer is the statement of the guardian (wali), and the acceptance is the statement of the husband. The marriage is valid even if the husband's statement precedes the guardian's statement, provided it is confirmed by the testimony of two just witnesses. If the husband asks the bride's agent to marry him to her, and he does not hear a response of acceptance from him, then the contract has not been concluded unless it is proven by the testimony of witnesses that they heard him explicitly declare acceptance while the husband's mind was wandering. However, if the agent himself performs the contract or delegates a jurist to perform it on his behalf, and the husband explicitly states acceptance, then the marriage is valid. What comes to mind regarding the invalidity of the marriage has no effect, and it is advised to stay away from obsessive thoughts (waswasah).
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
Read the full answer on Ftawyhttps://ftawy.com/en/questions/70415
Where this answer came from
- Source platform
- Ftawy
- Original fatwa ID
- 70415
- 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