What is the nature of agency in a marriage contract?
Machine translationRead the Arabic original
Question:
The questioner says: My brother proposed to a young woman, and when he wanted to contract the marriage, he appointed some of his brothers to contract it for him. When his elder brother learned of this, he and his uncle took the initiative and contracted the marriage without my brother’s knowledge and without his appointing them as agents for the contract. What is the ruling on this marriage? May Allah reward you with good.
Answer:
This contract is not valid, because the one who contracted it was not an agent. The one who contracted it was not an agent. It is not valid unless the agent contracts it. The contract must be redone from the beginning.
The questioner says: My brother proposed to a young woman, and when he wanted to contract the marriage, he appointed some of his brothers to contract it for him. When his elder brother learned of this, he and his uncle took the initiative and contracted the marriage without my brother’s knowledge and without his appointing them as agents for the contract. What is the ruling on this marriage? May Allah reward you with good.
Answer:
This contract is not valid, because the one who contracted it was not an agent. The one who contracted it was not an agent. It is not valid unless the agent contracts it. The contract must be redone from the beginning.
Source
قناة «العلامة الدكتور صالح الفوزان»، ما صفة التوكيل في عقد الزواج؟ للشيخ الفوزان — youtube.com
The Arabic text is a machine transcription of the audio recording.