^ JazakAllah khair brother**
The witnesses**
A condition for the validity of a marriage contract is the presence of at least two trustworthy Muslim male witnesses. The Messenger of Allah (saws) said: *“A marriage is not valid without a *wali and two trustworthy witnesses.” *(Ahmad, Ibn Hibbaan, and others – Authentic according to al-Albaani) Two witnesses should be chosen and present at the gathering. The Messenger of Allah (upon him be peace) said, "There is no marriage without a *wali and two upright witnesses… (Ibn Hibban). Although all those present could potentially be witnesses, it is better to have two formal witnesses who sign the marriage contract and can be called upon in the event of any problems.
Without her permission, the contract is either null and void, or may be invalidated by the Islamic authorities at the bride’s request. The minimum required permission may be done by either voicing her approval or through a passive expression such remaining silent when asked about a potential husband and simply nodding her head, or making any other motion to indicate that she does not object to the marriage. The Prophet (saws) said: “A deflowered unmarried woman (i.e. widow or divorcee) may not be married without her instructions; and a virgin may not be married without her permission, and her silence indicates her consent.” (Bukhari and Muslim)
The Woman’s *Wali*
A requirement for a valid contract is the approval of the woman’s guardian known as the *wali*. The Messenger of Allah (saws) said: **“A marriage (contract) is not valid without a *wali*.”** (Abu Dawud, At-Tirmidhi, and others – verified to be authentic by al-Albaani)
Normally, a woman’s wali is her father. If, for any reason, her father is unable to be her wali, her wali would then be her next closest blood relation: the grandfather, uncle, brother, son and so on. It is not permissible for a woman to take another woman as her wali. The Prophet (saws) said: “A woman may not give another woman in marriage, nor may a woman give herself (independently) in marriage.” (Ibn Majah, al-Bayhaqi and others – verified to be authentic by al-Albaani) If the bride does not have a Muslim blood-relative as a wali, the Islamic authority, represented by the ruler or judge, would appoint a wali for her. In non-Muslim communities the local imam is the one to be appointed as the wali of a woman who has no wali. The Messenger of Allah (saws) said:** “A marriage (contract) is not valid without a wali. And the authority is the wali of the one who does not have a wali.”(Ahmad and Abu Dawud – verified to be authentic by al-Albaani). The presence of the wali or a representative he has appointed is an integral element of the contract or else the contract is deemed invalid. The Prophet (saws) said: *“Whichever woman marries without her *wali’s permission, her marriage is void, her marriage is void, her marriage is void. If he (i.e. the husband) performs intercourse with her, the mahr (dowry) becomes her right because he had access to her private parts. And if they dispute, the ruler would then be the wali of the one who does not have a wali.” (Ahmad and Abu Dawud – verified to be authentic by al-Albaani)