Seventh: In our view, when indirect wording is accompanied by indications arising from the circumstances, it is indisputably treated as explicit for purposes of outward legal judgment. Clearly, people gathering, a preliminary sermon being delivered, the bridal dower being mentioned and negotiated, and marriage being discussed conclusively establish that marriage is intended. As for requiring particular wording as a devotional observance, this requires evidence from Islamic law. Moreover, contracts belong to a category in which adherence to particular wording is not prescribed as a devotional observance, since faith is not a condition of their validity. Rather, they are valid when concluded by a disbeliever, and whatever a disbeliever can validly perform does not involve devotional observance. Allah knows best.

He—may Allah Most High have mercy on him—was asked:

A man appointed a dhimmī (a non-Muslim under Muslim protection) to accept a marriage contract with a Muslim woman on his behalf. Is the marriage valid?

He replied:

Praise be to Allah, Lord of all worlds. There is disagreement concerning this issue. An agent appointed to accept a marriage contract must be someone capable, in principle, of validly accepting a marriage contract for himself. Thus, appointing a woman, an insane person, or a child lacking discernment would not be valid.

However, suppose the agent is someone whose acceptance of a marriage contract is valid with his guardian’s permission but not without it, and he is appointed to act in this capacity: for example, a slave appointed to accept a marriage contract without his master’s permission, a person under legal interdiction for financial imprudence appointed without his guardian’s permission, or a discerning child appointed without his guardian’s permission. Scholars within Ahmad’s school and elsewhere hold two views on this.

If, however, the agent can validly accept a marriage contract without permission, but is prohibited from doing so in the particular case because of an impediment pertaining to him—for example, someone appoints an agent to contract marriage with a slave woman whom the agent himself is not permitted to marry—then the appointment is valid.