📜 Akad nikah · #56
How is the marriage contract performed for a bride or groom who is mute or deaf?
The contract is valid with understood signs or clear writing; Islam does not bar people with disabilities from marrying.
Allah does not burden a soul beyond its capacity (al-Baqarah 2:286). According to the Shafi'i school, the commonly understood signs of a mute person are accepted in contracts such as marriage and divorce, and writing may also be used if they can write. In practice, the officiant can use a trusted sign-language interpreter and make sure the witnesses understand the consent. For a mute bride, her consent to her guardian can be given by sign or in writing before the contract. Tell the religious office early so arrangements such as an interpreter can be made. See the question on persons with disabilities marrying.
Allah does not burden a soul beyond its capacity (al-Baqarah 2:286). According to the Shafi'i school, the commonly understood signs of a mute person are accepted in contracts such as marriage and divorce, and writing may also be used if they can write. In practice, the officiant can use a trusted sign-language interpreter and make sure the witnesses understand the consent. For a mute bride, her consent to her guardian can be given by sign or in writing before the contract. Tell the religious office early so arrangements such as an interpreter can be made. See the question on persons with disabilities marrying.
Sources
Surah al-Baqarah 2:286Surah at-Taghabun 64:16Sunan Abu Dawud 2085 (sahih)