The Two Spouses Free from Prohibitions
Machine translationRead the Arabic original
The first question of Fatwa No. ( 9446 )
Q1: I appointed one of the brothers as my agent through a written and certified power of attorney from the Yemeni embassy in Jeddah, whereby my agent would contract the marriage for me to a Yemeni girl residing in Yemen with her family. I am a Yemeni young man residing here on this blessed land - the Kingdom of Saudi Arabia - in the city of Ta'if, and I wrote the power of attorney in the presence of two witnesses. The girl's name is (Latifa). When the power of attorney reached the agent, he informed me by telephone that her real name is (Umm al-Latif) and not (Latifa); rather, (Latifa) is actually
her specific name by which she is known and addressed. It has become like a nickname for her among her friends, family, and colleagues. It is an abbreviation of the real name (Umm al-Latif), shortened as some people do there to (Latifa), intending (Umm al-Latif). So I told my agent: I do not know this, and I thought her name was Latifa, and that I was willing to reissue the power of attorney with her real name (Umm al-Latif) instead of her abbreviated name (Latifa). He said: There is no need for that, as he will write her real name in the marriage contract document instead of (Latifa). And indeed, he did so after the court there confirmed, and her father was asked, that (Latifa) is indeed (Umm al-Latif), and that (Latifa) is said as an abbreviation as is the custom there. The contract was written with her real name (Umm al-Latif), as well as in the passport. Thus, (Umm al-Latif) and (Latifa) are two names for one entity, which is the same girl, the same person. She is now residing with me in Ta'if, and about two weeks have passed since my wedding and consummation. So, O Shaykh, is the power of attorney valid, and likewise the contract? Since the two names refer to the same girl, who is my wife, and (Latifa) is nothing but an abbreviation of (Umm al-Latif) as is the custom among people there. And because when I wrote the power of attorney, I did not know that she had another real name, which is (Umm al-Latif), the official name
instead of (Latifa). So are the power of attorney and the contract valid if they were carried out in the manner I described to you?
A1: As long as the power of attorney was issued to the agent to accept the marriage contract for you to a specific and previously known woman, and the power of attorney was written with her customary name, which is part of her real name - then the power of attorney is considered valid, and consequently the marriage contract with the woman is valid if it meets its conditions and its prohibitions are absent. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his companions.
Q1: I appointed one of the brothers as my agent through a written and certified power of attorney from the Yemeni embassy in Jeddah, whereby my agent would contract the marriage for me to a Yemeni girl residing in Yemen with her family. I am a Yemeni young man residing here on this blessed land - the Kingdom of Saudi Arabia - in the city of Ta'if, and I wrote the power of attorney in the presence of two witnesses. The girl's name is (Latifa). When the power of attorney reached the agent, he informed me by telephone that her real name is (Umm al-Latif) and not (Latifa); rather, (Latifa) is actually
her specific name by which she is known and addressed. It has become like a nickname for her among her friends, family, and colleagues. It is an abbreviation of the real name (Umm al-Latif), shortened as some people do there to (Latifa), intending (Umm al-Latif). So I told my agent: I do not know this, and I thought her name was Latifa, and that I was willing to reissue the power of attorney with her real name (Umm al-Latif) instead of her abbreviated name (Latifa). He said: There is no need for that, as he will write her real name in the marriage contract document instead of (Latifa). And indeed, he did so after the court there confirmed, and her father was asked, that (Latifa) is indeed (Umm al-Latif), and that (Latifa) is said as an abbreviation as is the custom there. The contract was written with her real name (Umm al-Latif), as well as in the passport. Thus, (Umm al-Latif) and (Latifa) are two names for one entity, which is the same girl, the same person. She is now residing with me in Ta'if, and about two weeks have passed since my wedding and consummation. So, O Shaykh, is the power of attorney valid, and likewise the contract? Since the two names refer to the same girl, who is my wife, and (Latifa) is nothing but an abbreviation of (Umm al-Latif) as is the custom among people there. And because when I wrote the power of attorney, I did not know that she had another real name, which is (Umm al-Latif), the official name
instead of (Latifa). So are the power of attorney and the contract valid if they were carried out in the manner I described to you?
A1: As long as the power of attorney was issued to the agent to accept the marriage contract for you to a specific and previously known woman, and the power of attorney was written with her customary name, which is part of her real name - then the power of attorney is considered valid, and consequently the marriage contract with the woman is valid if it meets its conditions and its prohibitions are absent. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his companions.
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.