Testifying to the woman's permission at the marriage contract
Machine translationRead the Arabic original
Question:
He says: Honorable Shaykh, may Allah grant you success. He says: Is it a condition to testify to the woman's permission at the marriage contract, or is general testimony sufficient?
Answer:
By Allah, these are the judges' procedures, and you are aware of them. But both things are necessary: witnesses to the contract and witnesses to the woman's consent. How is the woman's permission? The woman does not have permission; the permission belongs to her guardian. The offer and acceptance: the offer is from the guardian or from him.
And she does not appoint someone to marry her off; the one who appoints is her guardian if he needs to appoint someone. Rather, only her consent is taken; she is not forced. That is the intent. And it is necessary to prove her consent by two witnesses. But if she was present and said, "I am satisfied," that is sufficient. But if she denies that she was satisfied at the time of the contract and wants to annul it, and she denies that she was satisfied at the time of the contract, and there are witnesses who testify to it, their testimony is accepted regarding her. Yes.
He says: Honorable Shaykh, may Allah grant you success. He says: Is it a condition to testify to the woman's permission at the marriage contract, or is general testimony sufficient?
Answer:
By Allah, these are the judges' procedures, and you are aware of them. But both things are necessary: witnesses to the contract and witnesses to the woman's consent. How is the woman's permission? The woman does not have permission; the permission belongs to her guardian. The offer and acceptance: the offer is from the guardian or from him.
And she does not appoint someone to marry her off; the one who appoints is her guardian if he needs to appoint someone. Rather, only her consent is taken; she is not forced. That is the intent. And it is necessary to prove her consent by two witnesses. But if she was present and said, "I am satisfied," that is sufficient. But if she denies that she was satisfied at the time of the contract and wants to annul it, and she denies that she was satisfied at the time of the contract, and there are witnesses who testify to it, their testimony is accepted regarding her. Yes.
Source
قناة «العلامة الدكتور صالح الفوزان»، 141/139 شرح زاد المستقنع/ صالح الفوزان — youtube.com (47:58)
The Arabic text is a machine transcription of the audio recording.
