When Someone Else Answers the Request for Consent, and the Forms of Consent

Question

Zayd’s marriage contract (‘aqd) was concluded with Hinda. A few days later Hinda admitted that when the qadi asked, she had not said “yes”; rather, a certain woman of the neighbourhood had said it. However, she had been consenting to this contract and still is; at that time she had not said it purely out of shyness. Let it be clear that nowadays this is a widespread occurrence. So what needs to be ascertained is: was this contract valid or not?

Answer

If Hinda was a minor at the time of the contract, then no account at all is taken of her consent or lack of consent, even if expressed explicitly; rather, the right to contract her marriage belongs in every respect to the guardian. If she was an adult at the time of the contract, there are two cases: she was a virgin (bikr) or a non-virgin (thayyib).

Source: Fatawa Mahmudiyya

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