Witnesses Are Not Required When the Guardian Seeks Permission

Question

At weddings here, two witnesses from the groom’s side go together with the agent (wakil) into the gathering of women to hear the bride’s consent. The match is settled by the parents months in advance, and so far there has never been an occasion of refusal from either the groom or the bride. Now the question is: if the father himself acts as the agent on the girl’s behalf and, in the nikah gathering, presents his offer (ijab)

Answer

Let the father say to his daughter: “I am marrying you to such-and-such a young man for such-and-such a mahr — do you accept?” If the girl then gives clear permission or remains silent, that is, does not express unwillingness, this alone is sufficient, and witnesses are not required for it. Then, when the father has the offer and acceptance (ijab and qabul)

Source: Fatawa Mahmudiyya

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