Appointing a wakeel on behalf of the girl
Question
1. Person A tells person B, “I will appoint a wakeel on behalf of you who will marry you to me”. Person A agrees. Later the wakeel marries person A with person B in presence of two witnesses. Is the marriage valid?
2. Amatullah comes to know that Zaid married her with Abdullah in presence of two witnesses. But she did not appoint Zaid as her wakeel. Hearing this, Amatullah did not say a word but accepted the marriage in her heart and started treating Abdullah as her husband. Is the marriage valid between them?
Answer
1. Yes, the nikaah will be valid.
2. At the time she was informed, if she consented and accepted the nikaah, then the nikaah will be valid. However, if she did not consent and accept the nikaah at that time, the nikaah will not be valid.
And Allah Ta'ala (الله تعالى) knows best.
- Answered by
- Mufti Zakaria Makada
- Checked & approved by
- Mufti Ebrahim Salejee (Isipingo Beach)
Where scholars differ, it’s safer to take the more cautious view.
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Source: Mufti Online — Madrasah Ta'leemuddeen — https://muftionline.co.za/node/32472
Fatawa SA: https://fatawa.co.za/fatwa/muftionline-32472