A woman conducting a marriage contract for herself or for others

23-3-2006 | IslamWeb

Question:

I have a friend who got married recently and his marriage contract was conducted by two women in the presence of the guardian of the girl and two male witnesses, and this marriage was announced. So, is this marriage valid or not? If it is void, what should be done now?
Answer:

All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad is His slave and Messenger. We ask Allaah to exalt his mention as well as that of his family and all his companions.

The majority of scholars may Allaah have mercy upon them are of the view that it is not permissible for a woman, whether virgin or deflowered, to conduct her own marriage contract or other people's marriage contract, either representing herself, or being appointed as an agent, and her words are not accepted in the marriage contract. So, if the two women conducted the marriage contract by proxy from the guardian, then the marriage is not correct according to the view of the majority of scholars may Allaah have mercy upon them as discussed.

However, if it is the guardian who conducted the marriage contract and it is him who uttered the wording of the marriage contract [consent and acceptance], and the role of the women was restricted to the role of the registrar in authenticating the marriage on papers, then the marriage is correct. For more benefit, please refer to Fatwa 84056.  

Allaah Knows best.

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