I would just like to know whether whilst gaining the consent of his daughter, a wali needs to have two witnesses present and whether they must actually HEAR the consent given...

In the name of Allah, Most Gracious, Most Merciful

Assalaamu `alaykum waRahmatullahi Wabarakatoh

If the daughter is not yet baligha (physically matured), the father will have the right to marry her without her consent.

If the daughter is baligha and the father states that the daughter agrees with this marriage, then too the marriage will be valid. It is not necessary for the witnesses to hear her giving the consent.

In fact, if the daughter is a baligha and a virgin, her verbal consent is not necessary. Her remaining quiet and not objecting to the marriage will be considered as her acceptance.

However, due to the current situation in many countries where the father marries off the daughter without her consent and where she is forced into the marriage, as a precaution two people should be made witness to the consent of the daughter. This will also prevent any disputes afterwards if the daughter claims she never gave her consent.

Nevertheless, the marriage in question is valid and does not have to be repeated.

And Allah knows best

Wassalam

Ml. Ehzaz Ajmeri,
Student Darul Iftaa

Checked and Approved by:

Mufti Ebrahim Desai
Darul Iftaa