Is it a condition for the witnesses in a marriage contract to hear the wife's consent?
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The questioner : Is it a condition for the witnesses in a marriage contract to hear the wife's consent? And should the witnesses be from her mahrams or from others? What happens is that the marriage officer, the father of the bride, and the witnesses gather in a place and decide, and then one of the bride's mahrams goes and gets her signature on it.
The Shaykh : Yes.
The questioner : Is it a condition for the witnesses that ...?
The Shaykh : Yes, yes. First, we must know that the well-known position in the school of jurisprudence is that it is a condition for the witnesses in a marriage contract that they not be from the ancestors or descendants of the husband, nor from the ancestors or descendants of the guardian, nor from the ancestors or descendants of the wife. Do you understand?
The questioner : Yes.
The Shaykh : And on this basis, if one of the witnesses were the father of the guardian, the contract would not be valid, or if one of the witnesses were the son of the husband, it would not be valid. But is it a condition that the witnesses testify to the wife's consent, or not? There is scholarly disagreement on this. The position of the school of jurisprudence is that it is a recommended practice (sunnah) and not obligatory. However, in light of the disputes and the like that occur in our current time, we see that it is necessary for the witnesses to testify to the wife's permission.
The questioner : Do they hear her consent, O Shaykh?
The Shaykh : Her permission, meaning her consent. But some women, if the sister who wants to get married does not know how to write, they bring someone who knows how to write, and she writes her sister's name and signs it. This is forbidden (haram) and not permissible. Rather, it is obligatory for the bride to be present, even if she does not know how to write, and her permission is taken, and that is sufficient. Is that clear?
The questioner : Clear.
The Shaykh : Praise be to Allah.
The questioner : May Allah reward you with good.
The Shaykh : Yes.
The questioner : Is it a condition for the witnesses that ...?
The Shaykh : Yes, yes. First, we must know that the well-known position in the school of jurisprudence is that it is a condition for the witnesses in a marriage contract that they not be from the ancestors or descendants of the husband, nor from the ancestors or descendants of the guardian, nor from the ancestors or descendants of the wife. Do you understand?
The questioner : Yes.
The Shaykh : And on this basis, if one of the witnesses were the father of the guardian, the contract would not be valid, or if one of the witnesses were the son of the husband, it would not be valid. But is it a condition that the witnesses testify to the wife's consent, or not? There is scholarly disagreement on this. The position of the school of jurisprudence is that it is a recommended practice (sunnah) and not obligatory. However, in light of the disputes and the like that occur in our current time, we see that it is necessary for the witnesses to testify to the wife's permission.
The questioner : Do they hear her consent, O Shaykh?
The Shaykh : Her permission, meaning her consent. But some women, if the sister who wants to get married does not know how to write, they bring someone who knows how to write, and she writes her sister's name and signs it. This is forbidden (haram) and not permissible. Rather, it is obligatory for the bride to be present, even if she does not know how to write, and her permission is taken, and that is sufficient. Is that clear?
The questioner : Clear.
The Shaykh : Praise be to Allah.
The questioner : May Allah reward you with good.