Liaison office of Grand Ayatullah Sayyid Ali Al Sistani (L.M.H.L) in London, Europe, North and South America.
2372. Whether marriage is permanent or temporary, the formal formula
must be pronounced; mere tacit approval and consent, or written agreement, is
not sufficient. And the formula (Sigha) of the marriage contract is pronounced
either by the man and the woman themselves, or by a person who is appointed by
them as their representatives to recite it on their behalf.
2373. The representative should not necessarily be a male. A woman can
also become a representative to pronounce the marriage formula.
2374. As long as the woman and the man are not certain that their
representative has pronounced the formula, they cannot look at each other as
Mahram (like husband and wife), and a mere probable suspicion that the
representative might have pronounced the formula is not sufficient. And if the
representative says that he has pronounced the formula, but his assertion does
not satisfy the parties concerned, it will not be deemed sufficient.
2375. If a woman appoints a person as her representative so that he
may, for example, contract her marriage with a man for ten days, but does not
specify the day from which the period of ten days would commence, the
representative can contract her marriage with that man for ten days from any day
he likes. However, if the representative knows that the woman intends a
particular hour or day, he should pronounce the formula according to her
intention.
2376. One person can act as the representative of both sides for
reciting the formula of permanent or temporary marriage. It is also permissible
that a man may himself become the representative of a woman and contract
permanent or temporary marriage with her. However, the recommended precaution is
that two separate persons should represent each side, for the formula of
marriage contract.