How is ratification (Ijazah) established for a contract pending approval, such as a marriage contracted by a woman without her guardian's consent?
General Chapter
Al-Mughni
Book of Marriage
Primary text
Ratification is established by speech, or by an indication of consent such as permitting sexual intercourse (watu), or by demanding the dower (mahr) and maintenance (nafaqah). This applies equally to virgins and previously married women, as evidence of consent substitutes for explicit verbal declaration. Permitting intercourse is evidence of satisfaction because it is exclusive to a valid contract, and its occurrence proves the woman's satisfaction.
Supporting text
In the case of a marriage without a guardian's permission, if it is referred to the judge, the judge cannot ratify it; the matter rests with the guardian. If the guardian rejects it, the contract is void. Another view suggests that if the suitor is a suitable match (kufu'), the judge orders the guardian to ratify; if the guardian refuses, the judge ratifies, as the refusal constitutes obstruction (adhl), transferring guardianship to the Sultan.