An Invalid Contract
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Question: A girl wanted to marry her cousin, and her uncles were the ones appointed to arrange her marriage. However, they refused to marry her to her cousin, whom she desired and who desired her, on the grounds that there was a misunderstanding and a dispute between them. She found no one to take charge of her marriage, and they went to the judge.And when he asked her about her guardian, she said: She said, "This is my brother," meaning her uncle. The judge refused to contract the marriage between them. The girl returned and appointed her cousin as her agent, and he took charge of her marriage. The judge approved his agency, and the marriage was performed. Is this marriage contract considered valid? If not, what must they do now?
Answer: First: We advise her uncles not to let the misunderstanding between them and the suitor be a reason to influence the girl and her fate, and to marry her to someone suitable for her and for him. They must fear Allah (Glorified and Exalted is He) and not prevent this girl from a suitable suitor who wants to marry her, motivated by the misunderstanding between him and them and personal interests. What is her sin that she should be deprived of her benefit and her suitable match? They must fear Allah (Glorified and Exalted is He) and fulfill the trust that Allah has placed upon them.
As for what happened and was completed, namely that she appointed her cousin, the agency does not belong to her; that is, she does not have the right to appoint an agent. Rather, the one who has the right to appoint an agent is her guardian, or the judge if it is impossible to appoint an agent from her guardian. The one who appoints an agent for the contract is the judge, or the judge takes charge of it himself, because he takes the place of the guardian if he is stubborn and refuses, or if he is not fit for guardianship. Therefore, the agency must come from the judge, not from the girl. If the matter is as you mentioned, that she appointed her cousin and he contracted the marriage for her, then this contract is invalid, and they must redo it. She should go with her guardian from among her uncles and contract a new marriage with this husband, or the judge should take charge of that.
In conclusion: By returning to the Shari'ah judge and explaining to him what happened, he will, if Allah wills, correct the case for them and guide them in the right direction. So let them return to the Shari'ah judge in their area, and then he will take charge of correcting the contract. And success is from Allah.
Answer: First: We advise her uncles not to let the misunderstanding between them and the suitor be a reason to influence the girl and her fate, and to marry her to someone suitable for her and for him. They must fear Allah (Glorified and Exalted is He) and not prevent this girl from a suitable suitor who wants to marry her, motivated by the misunderstanding between him and them and personal interests. What is her sin that she should be deprived of her benefit and her suitable match? They must fear Allah (Glorified and Exalted is He) and fulfill the trust that Allah has placed upon them.
As for what happened and was completed, namely that she appointed her cousin, the agency does not belong to her; that is, she does not have the right to appoint an agent. Rather, the one who has the right to appoint an agent is her guardian, or the judge if it is impossible to appoint an agent from her guardian. The one who appoints an agent for the contract is the judge, or the judge takes charge of it himself, because he takes the place of the guardian if he is stubborn and refuses, or if he is not fit for guardianship. Therefore, the agency must come from the judge, not from the girl. If the matter is as you mentioned, that she appointed her cousin and he contracted the marriage for her, then this contract is invalid, and they must redo it. She should go with her guardian from among her uncles and contract a new marriage with this husband, or the judge should take charge of that.
In conclusion: By returning to the Shari'ah judge and explaining to him what happened, he will, if Allah wills, correct the case for them and guide them in the right direction. So let them return to the Shari'ah judge in their area, and then he will take charge of correcting the contract. And success is from Allah.