Praise
be to Allah.
If the matter happened as mentioned in the question, then the marriage
contract has not yet been done, for two reasons:
1.
it is not
sufficient, with regard to a marriage contract, for the families of the
spouses only to be present; rather it is essential to have the proposal,
which refers to words to be spoken by the woman’s guardian or his deputy,
and the acceptance, which refers to words to be spoken by the husband or his
deputy, in order for the marriage contract to be valid. It is also
stipulated in the marriage contract that the proposal should come before the
acceptance, according to the view of a number of scholars. However the
majority of scholars do not stipulate that the proposal should come before
the acceptance, and this is the correct view.
2.
Regardless of
whether we say that the proposal must come first or not, the marriage
contract cannot be valid on the basis of the man’s sister requesting the
woman’s hand in marriage for her brother, even if she specified their names,
or even if the wording of the proposal and acceptance for marriage were
spoken, because it is not valid for a woman to do the marriage contract
either for herself or anyone else.
Ibn Qudaamah (may Allah have mercy on him) said: If a person does not have
the right to dispose of affairs on his own behalf, it is not valid for him
to act as a proxy in such matters, such as a woman with regard to doing the
marriage contract or accepting it.
End quote from al-Mughni (5/52)
It
says in al-Mawsoo‘ah al-Fiqhiyyah (45/22): It is not permissible to
appoint a woman as a proxy for the purpose of marriage according to the
majority of fuqaha’, because she cannot give herself in marriage, so she
cannot be appointed as a proxy for the purpose of marriage. End quote.
For more information, please see the answers to questions no.
131337 and 200927
Based on that, what you must do now is do the marriage contract first of
all, which should be done by the woman’s guardian (her father) or another
man whom he appoints as his proxy, and the acceptance must be done by the
man or another man whom he appoints as his proxy.
We
ask Allah to bring you together on the basis of good.
And Allah knows best.