A marriage may be concluded on behalf of a mute person through writing or an intelligible gesture.

Once the offer (ijab) and acceptance (qubul) have taken place, the marriage is valid—even if the speaker was jesting and did not intend the words in earnest—because the Prophet (peace and blessings be upon him) said: “Three matters whose jest is serious and whose seriousness is serious: divorce, marriage, and taking a wife back after a revocable divorce.” Narrated by al-Tirmidhi.

The conditions for a valid marriage are four:

1. Clear identification of both spouses. It is not enough for a guardian who has several daughters to say, “I marry you to my daughter,” nor for someone with several sons to say, “I marry her to your son.” Identification is achieved by pointing to the intended spouse, stating the person’s name, or describing him or her in a way that removes ambiguity.

2. Mutual consent of the two spouses. The contract is invalid if either party is coerced, as evidenced by the hadith of Abu Hurayrah: “A previously married woman must not be married off without being consulted, nor a virgin without her permission,” agreed upon by al-Bukhari and Muslim. The only exceptions are a minor who has not reached puberty and a person of unsound mind; their guardian may marry them off without their express permission.

3. The contract must be concluded by the woman’s guardian, for the Prophet (peace and blessings be upon him) said: “No marriage is valid without a guardian,” narrated by the Five compilers except al-Nasa’i. If a woman marries herself off without her guardian, the marriage is void, for that would open the door to fornication and because a woman’s judgment may fall short in choosing what is best for her. Indeed, Allah the Exalted addressed the guardians concerning marriage, saying: