There should be an offer or proposal (eejaab) from the walee
or the person who is acting in his place, who should
say to the groom “I marry so-and-so to you” or similar words.
There should be an expression of acceptance (qabool) on the
part of the groom or whoever is acting in his place,
who should say, “I accept,” or similar words.
The conditions of a proper nikaah (marriage contract) are as
follows:
Both the bride and groom should be clearly identified,
whether by stating their names or describing them, etc.
Both the bride and groom should be pleased with one another,
because the Prophet (peace and blessings of Allaah be upon
him) said: “No previously-married woman (widow or divorcee)
may be married until she has been asked about her wishes
(i.e., she should state clearly her wishes), and no virgin
should be married until her permission has been asked (i.e.,
until she has agreed either in words or by remaining
silent).” They asked, “O Messenger of Allaah, how is her
permission given (because she will feel very shy)?” He said:
“By her silence.”
(Reported by al-Bukhaari, 4741)
The one who does the contract on the woman’s behalf should be
her walee, as Allaah addressed the walees with regard to
marriage (interpretation of the meaning): “And marry those
among you who are single…” [al-Noor 24:32] and because the
Prophet (peace and blessings of Allaah be upon him) said:
“Any woman who marries without the
permission of her walee, her marriage is invalid, her
marriage is invalid, her marriage is invalid.” (Reported by
al-Tirmidhi, 1021 and others; it is a saheeh hadeeth)
The marriage contract must be witnessed, as the Prophet
(peace and blessings of Allaah be upon him) said: “There
is no marriage contract except with a walee and two
witnesses.” (Reported by al-Tabaraani; see also Saheeh al-
Jaami’, 7558)
It is also important that the marriage be announced, as the
Prophet (peace and blessings of Allaah be upon him)
said: “Announce marriages.” (Reported by Imaam Ahmad; classed
as hasan in Saheeh al-Jaami’, 1027)
The conditions of the walee are as follows:
He should be of sound mind
He should be an adult
He should be free (not a slave)
He should be of the same religion as the bride. A kaafir
cannot be the walee of a Muslim, male or female, and a
Muslim cannot be the walee of a kaafir, male or female, but a
kaafir can be the walee of a kaafir woman for marriage
purposes, even if they are of different religions. An
apostate (one who has left Islam) cannot be a walee for
anybody.
He should be of good character (‘adaalah – includes piety,
attitude, conduct, etc.), as opposed to being corrupt.
This is a condition laid down by some scholars, although some
of them regard the outward appearance of good
character as being sufficient, and some say that it is enough
if he is judged as being able to pay proper attention to the
interests of the woman for whom he is acting as walee in the
matter of her marriage.
He should be male, as the Prophet (peace and blessings of
Allaah be upon him) said: “No woman may conduct the
marriage contract of another woman, and no woman can conduct
the marriage contract on behalf of her own self,
because the zaaniyah (fornicatress, adulteress) is the one
who arranges things on her own behalf.” (Reported by Ibn
Maajah, 1782; see also Saheeh al-Jaami’, 7298)
He should be wise and mature (rushd), which means being able
to understand matters of compatibility and the
interests of marriage.
The fuqahaa’ put possible walees in a certain order, and a
walee who is more closely-related should not be ignored
unless there is no such person or the relatives do not meet
the specified conditions. A woman’s walee is her father, then
whoever her father may have appointed before his death, then
her paternal grandfather or great-grandfather, then her son,
then her grandfathers sons or grandsons, then her brother
through both parents (full
brother), then her brother through her father, then the sons
of her brother through both parents, then the sons of her
brother through her father, then her uncle (her father’s
brother through both parents), then her father’s
brother through the father, then the sons of her father’s
brother though both parents, then the sons of her father’s
brother through the father, then whoever is more closely
related, and so on – as is the case with inheritance. The
Muslim leader (or his deputy, such as a qaadi or judge) is
the walee for any woman who does not have a walee of her own.
And Allaah knows best.