The ruling on the guardian's silence during the contract: Is it considered consent?
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Question:
Honorable Shaykh, may Allah grant you success. This questioner says: If the guardian in a marriage does not explicitly give consent, but remains silent and is satisfied with it during the contract, is this considered his consent and is it accepted? If the guardian in a marriage does not explicitly give consent, but remains silent and is satisfied with it
Answer:
This is sufficient. It is necessary to verbalize the offer and the acceptance. The guardian must verbalize the offer, and the husband must verbalize the acceptance, by speech, not by silence. The one who is unable to do so appoints someone to act on his behalf.
Honorable Shaykh, may Allah grant you success. This questioner says: If the guardian in a marriage does not explicitly give consent, but remains silent and is satisfied with it during the contract, is this considered his consent and is it accepted? If the guardian in a marriage does not explicitly give consent, but remains silent and is satisfied with it
Answer:
This is sufficient. It is necessary to verbalize the offer and the acceptance. The guardian must verbalize the offer, and the husband must verbalize the acceptance, by speech, not by silence. The one who is unable to do so appoints someone to act on his behalf.
Source
شرح كتاب المنتقى من أخبار المصطفى صلى الله عليه وسلم، بداية من باب خطبة المجبرة إلى وليها والرشيدة إلى نفسها — islamhouse.com (44:18)
The Arabic text is a machine transcription of the audio recording.