Is it permissible for a man who is the guardian of a woman to ask to marry her, as if he were her cousin, and how is the contract made in that case?
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The questioner : Is it permissible for a man who is the guardian of a woman to ask to marry her, as if he were her cousin, and how is the contract made in that case?
The Shaykh : Yes, it is permissible, and he is her guardian. If a man is a woman’s cousin and wants to marry her, there is no harm. He asks her, saying, “Do you agree to marry me?” If she says yes, he marries her. But how is the contract made? He brings two witnesses and says, “I bear witness to you that I have married my ward so-and-so.” Does he say, “I accept,” or does he not say it? He does not say, “I accept.” He says, “I bear witness to you that I have married my ward so-and-so,” or “I have married myself to my ward so-and-so,” just as the Prophet (peace and blessings be upon him) said to Safiyyah:.
The Shaykh : Yes, it is permissible, and he is her guardian. If a man is a woman’s cousin and wants to marry her, there is no harm. He asks her, saying, “Do you agree to marry me?” If she says yes, he marries her. But how is the contract made? He brings two witnesses and says, “I bear witness to you that I have married my ward so-and-so.” Does he say, “I accept,” or does he not say it? He does not say, “I accept.” He says, “I bear witness to you that I have married my ward so-and-so,” or “I have married myself to my ward so-and-so,” just as the Prophet (peace and blessings be upon him) said to Safiyyah: