The Ruling on the Validity of a Contract Made by a Non-Authorized Person in Marriage
Machine translationRead the Arabic original
The questioner : Okay, a second question, Shaykh. Regarding sales, contracts, excuse me, in a contract called a contract of a non-authorized person (fadhuli).
The Shaykh : What contract? What does fadhuli mean?
The questioner : I am just asking you about it, is this contract valid, Shaykh?
The Shaykh : I have not heard of a contract called a contract of a non-authorized person (fadhuli).
The questioner : I am just asking about it.
The Shaykh : You said you do not know. We asked you what a fadhuli contract is? You told me you do not know.
The questioner : The young man just explained it to us. We will explain to you how it is explained. He said a man says to another, "I have married you to the daughter of so-and-so," while the father is not present and not authorized. If he goes to that other man, who is the one concerned, and tells him, "I agree to the marriage," then the contract becomes permissible. Is this contract valid?
The Shaykh : What is your concern with this matter?
The questioner : We are just asking if the contract is valid or not?
The Shaykh : What is your concern with the matter? Do you want to marry in this way? Do you want to marry or have married in this way? No, ask about what benefits you.
The questioner : Okay, Shaykh, is this contract valid or not?
The Shaykh : I do not know.
The Shaykh : What contract? What does fadhuli mean?
The questioner : I am just asking you about it, is this contract valid, Shaykh?
The Shaykh : I have not heard of a contract called a contract of a non-authorized person (fadhuli).
The questioner : I am just asking about it.
The Shaykh : You said you do not know. We asked you what a fadhuli contract is? You told me you do not know.
The questioner : The young man just explained it to us. We will explain to you how it is explained. He said a man says to another, "I have married you to the daughter of so-and-so," while the father is not present and not authorized. If he goes to that other man, who is the one concerned, and tells him, "I agree to the marriage," then the contract becomes permissible. Is this contract valid?
The Shaykh : What is your concern with this matter?
The questioner : We are just asking if the contract is valid or not?
The Shaykh : What is your concern with the matter? Do you want to marry in this way? Do you want to marry or have married in this way? No, ask about what benefits you.
The questioner : Okay, Shaykh, is this contract valid or not?
The Shaykh : I do not know.
Source
سلسلة الهدى والنور، المجلس 1320 — d3watuna.com (15:28)
The Arabic text is a machine transcription of the audio recording.