Agency in the Marriage Contract
Machine translationRead the Arabic original
The questioner:
He says: Honorable Shaykh, may Allah grant you success, is agency permissible in the marriage contract, specifically regarding the presence at the contract and the utterance of the acceptance?
The Shaykh:
Yes, this is agency. You appoint someone to contract the marriage for you with a specific woman. He says, “I accept this marriage with so-and-so on behalf of so-and-so, the principal, from so-and-so.” Yes.
The questioner:
Your brother, Honorable Shaykh.
The Shaykh:
(peace and blessings be upon him) appointed the Najashi to contract the marriage for him with the daughter of Abu Sufyan (may Allah be pleased with him).
He says: Honorable Shaykh, may Allah grant you success, is agency permissible in the marriage contract, specifically regarding the presence at the contract and the utterance of the acceptance?
The Shaykh:
Yes, this is agency. You appoint someone to contract the marriage for you with a specific woman. He says, “I accept this marriage with so-and-so on behalf of so-and-so, the principal, from so-and-so.” Yes.
The questioner:
Your brother, Honorable Shaykh.
The Shaykh:
(peace and blessings be upon him) appointed the Najashi to contract the marriage for him with the daughter of Abu Sufyan (may Allah be pleased with him).
Source
قناة «العلامة الدكتور صالح الفوزان»، 141/86 شرح زاد المستقنع/ صالح الفوزان — youtube.com (1:10:10)
The Arabic text is a machine transcription of the audio recording.