The ruling on a father who contracts a marriage for his son while the son is present, an adult, and has not given his consent
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What is the ruling regarding a man who contracted a marriage on behalf of his son without the son’s agency and without his permission, knowing that the son is twenty years old? Also, the son was present during the contract. Is the contract valid, or is it invalid according to the Shari'ah? Please inform us, and may you have abundant thanks?
Answer: The contract is not valid except with the husband’s permission or his direct involvement, either by appointing an agent or by doing it himself. Even if it is his father, if the husband is of legal age, the father cannot contract a marriage for him without his permission. Similarly, it is not permissible to contract a marriage for a girl who has reached the age of nine without her permission, according to the correct opinion. Therefore, a man is even more entitled to not be married off without his permission if he has reached puberty. This man has reached puberty and did not give permission, so the marriage is not valid. However, if he ratified it by saying, “I am getting married,” because he was present, this indicates that he was pleased with it and ratified his father’s action in that marriage, allowing his father to marry him off. If he did something with his father that indicates he forgave him for it, such as an appropriate word, or something indicating that he agreed and was pleased for his father to marry him off, then the marriage is valid, because his presence indicates that he was pleased with it; he did not speak and did not prevent it. The conclusion is that if there is something from the son indicating his permission to his father and his allowance for his father to marry him off, then it is valid. But if the son did not speak and did not say anything indicating agency and permission, and his father did not ask him anything indicating that, then this marriage must be renewed if the wife desires it and he desires it. If the man desires it and the woman desires it, he renews the marriage, because it was issued by someone who was neither a husband nor an agent. Yes.
Answer: The contract is not valid except with the husband’s permission or his direct involvement, either by appointing an agent or by doing it himself. Even if it is his father, if the husband is of legal age, the father cannot contract a marriage for him without his permission. Similarly, it is not permissible to contract a marriage for a girl who has reached the age of nine without her permission, according to the correct opinion. Therefore, a man is even more entitled to not be married off without his permission if he has reached puberty. This man has reached puberty and did not give permission, so the marriage is not valid. However, if he ratified it by saying, “I am getting married,” because he was present, this indicates that he was pleased with it and ratified his father’s action in that marriage, allowing his father to marry him off. If he did something with his father that indicates he forgave him for it, such as an appropriate word, or something indicating that he agreed and was pleased for his father to marry him off, then the marriage is valid, because his presence indicates that he was pleased with it; he did not speak and did not prevent it. The conclusion is that if there is something from the son indicating his permission to his father and his allowance for his father to marry him off, then it is valid. But if the son did not speak and did not say anything indicating agency and permission, and his father did not ask him anything indicating that, then this marriage must be renewed if the wife desires it and he desires it. If the man desires it and the woman desires it, he renews the marriage, because it was issued by someone who was neither a husband nor an agent. Yes.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.