The marriage contract with a hired domestic worker and her guardianship
Machine translationRead the Arabic original
Question:
This questioner says: What is your opinion, Honorable Shaykh, of the one who says that it is permissible for a person who has hired a domestic worker to contract a marriage with her, and that she acts as her own guardian? And what is the correct way in such a case for one who wants to protect himself? May Allah grant you success.
Answer:
A woman is never her own guardian; she does not contract a marriage for herself. It is necessary to have a guardian (wali). If a person hires a domestic worker and wants to marry her, he must speak to her guardian. Yes, in her country. Then her guardian must either be present, or he must appoint someone to contract the marriage on her behalf. The presence of the guardian or his appointment is necessary. It is not permissible for a woman to appoint herself. There are procedures at the embassies; one consults the embassy of the country from which this woman comes, and they speak to her guardian and obtain from him a response, or his presence, or permission to appoint a representative. The agency must be established in the court religiously. A verbal agency by telephone or the like is not sufficient; a document that can be relied upon is necessary.
The presenter:
May Allah reward you with good.
This questioner says: What is your opinion, Honorable Shaykh, of the one who says that it is permissible for a person who has hired a domestic worker to contract a marriage with her, and that she acts as her own guardian? And what is the correct way in such a case for one who wants to protect himself? May Allah grant you success.
Answer:
A woman is never her own guardian; she does not contract a marriage for herself. It is necessary to have a guardian (wali). If a person hires a domestic worker and wants to marry her, he must speak to her guardian. Yes, in her country. Then her guardian must either be present, or he must appoint someone to contract the marriage on her behalf. The presence of the guardian or his appointment is necessary. It is not permissible for a woman to appoint herself. There are procedures at the embassies; one consults the embassy of the country from which this woman comes, and they speak to her guardian and obtain from him a response, or his presence, or permission to appoint a representative. The agency must be established in the court religiously. A verbal agency by telephone or the like is not sufficient; a document that can be relied upon is necessary.
The presenter:
May Allah reward you with good.
Source
أخصر المختصرات في الفقه الحنبلي [31] — alfawzan.live (33:39)
The Arabic text is a machine transcription of the audio recording.