The Ruling on the Marriage Contract Without the Presence of the Husband

Question:
A man got married, and when the time for the contract came, his father and his uncle went and contracted the marriage without the husband being present, knowing that he was in the same village where the contract was performed. Is the marriage valid or not?

Answer:
If the contract was made for him on the girl by proxy through his father or his uncle, there is no harm. However, if his father or his uncle contracted the marriage for him without a proxy, this is not valid. It is obligatory that the contract be on his hand, so he says: "I accept," and the wali (guardian) says to him: "I have married you," and he says: "I accept." As for his father or his uncle or anyone else taking charge of it for him without a legal proxy, it is not valid if he is of legal age. However, if he is a minor who has not reached the age of discernment, his father may marry him off according to the correct opinion. Yes.