Q: Respected Sheikh, as you know, Allah has commanded us to cooperate in righteousness and piety, as He states,
Help you one another in Al-Birr and At-Taqwâ (virtue, righteousness and piety); but do not help one another in sin and transgression.
While we were visiting some tribes living in remote villages, we discovered some unacceptable customs related to marriage. These are as follows: 1) When a suitor asks a father's permission to marry his daughter, the father does not ask for his daughter's approval. 2) Even worse, he may take a woman other than his daughter, like her mother, her sister or the suitor's sister, to the Ma'dhun (marriage registrant). The fake bride is then presented to the Ma'dhun and is made to sign the marriage contract. These people claim that the girl accepts the proposal, but due to her shyness of going to Ma'dhun they take a married woman instead (Part No. 18; Page No. 132) to sign the contract.We ask Your Honor to refer this matter to His Honor Sheikh
`Abdul-`Aziz ibn `Abdullah ibn Baz
the Grand Mufty of
the Kingdom of Saudi Arabia,
to advise these people who do such things.
The adult woman, virgin or previously married, should not be married except with her consent and permission. The Prophet (peace be upon him) stated,
A previously-married woman should not be married without consulting her and a virgin should not be married without asking her permission.” They said, “O Messenger of Allah, how does she give her permission?” He said, “If she remains silent."
(Agreed upon by Al-Bukhari and Muslim).
If the woman is shy to go to a Ma'dhun, two trustworthy men may, at her request, affix their signature as witnesses to her consent of marriage. As for the act mentioned in the question, it is prohibited in Islam. Allowing a woman other than the bride to sign the contract constitutes forgery. May Allah grant us success. May peace and blessings of Allah be upon our Prophet Muhammad, his family and Companions!