Appointing a Woman to Become Proxy in Marrying Herself Off
Fatwa No: 450829

  • Fatwa Date:22-11-2021 - Rabee' Al-Aakhir 17, 1443
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Question

Brother Assalaamu Alaykum I have some questions about proxy marriage they are 1) Can woman become proxy according to shafi school? 2) Can woman's father appoint his own daughter as proxy of her own marriage? 3) if a marriage is conducted with woman herself as proxy of her marriage and no or single witness is it even considered marriage? what's ruling?

Answer

All perfect praise be to Allah, The Lord of the Worlds. I testify that there is none worthy of worship except Allah, and that Muhammad  sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention ) is His slave and Messenger.

The Shaafi’i School of jurisprudence view is that it is not valid for a woman to be an agent in marrying herself off or in marrying someone else; therefore, it is not valid for the guardian to delegate the woman under his guardianship to marry herself off.

An-Nawawi  may  Allaah  have  mercy  upon  him said in Rawdhat at-Taalibeen wa ‘Umdatul-Mufteen:

The third pillar: the agent. His condition is the validity of carrying out that thing for himself, that he is entitled to dispose of it himself, so it is not valid to delegate the boy and the insane person in dealings…and it is not valid for the woman and the man in a state of Ihraam to be agents in marriage.” [End of quote]

If a woman marries herself off by proxy, then the marriage contract is not valid.

Likewise, marriage is not valid without witnesses or with only one witness. Ash-Shirbeeni  may  Allaah  have  mercy  upon  him said in Mughni al-Muhtaaj:

Marriage is not valid without the presence of two witnesses.

For more benefit on the conditions of a valid marriage, please refer to Fatawa 83629 and 86755.

For more benefit on a woman’s marriage without guardian, please refer to Fatawa 92758, 85057, 226429, 132754, 81777 and 269080.

Allah knows best.

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