The ruling on appointing someone other than the wali in the marriage contract
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Question:
This questioner from Syria says in this question: Is it permissible for a girl, after her marriage contract has been concluded, to appoint someone other than her wali to complete the contract on the wedding night? Because in our custom, after the father takes the mahr and there is mutual agreement on this marriage, on the wedding night the witnesses are present and the girl appoints a person other than her wali to complete the wording of the contract. For example, the groom and the agent (who is not the wali) are brought in, and then the girl's agent says: "I give in marriage my client, so-and-so, daughter of so-and-so, for a mahr of such-and-such, in accordance with the Sunnah of Allah and His Messenger." Then the groom says: "I accept the marriage of your client, so-and-so, in accordance with the Sunnah of Allah and His Messenger." What is your ruling on this?
The Shaykh:
This is not permissible. She does not have the right to appoint an agent; rather, it is the wali who takes charge of that. However, she must be consulted. If she gives her permission, her wali marries her, based on his saying (peace and blessings be upon him):Sunan Ibn Majah 1880Sahih (Darussalam), and he (peace and blessings be upon him) said: . The al-aym (a woman who has been married before) must be consulted and give her permission verbally, while for the virgin, her silence is sufficient. However, neither of them can be married by anyone other than the wali: the father, then the grandfather, then the son, then the son's son, however far down the line, then the relatives according to the order of inheritance, such as the full brother, then the paternal half-brother, then the full brother's son, then the paternal half-brother's son... and so on.
It is not permissible for a woman to marry herself, nor to appoint someone to marry her. Rather, it is obligatory that the wali takes charge of this, whether on the wedding night or before that. The wali must take charge of the marriage and say: "I give you in marriage," and the husband says: "I accept," in the presence of two witnesses, after the girl or sister has given her consent. She must be willing, verbally if she is a woman who has been married before, or by silence if she is a virgin. This is what is obligatory, and this is what is prescribed according to the majority of the scholars. Yes.
The presenter: May Allah reward you, O Shaykh.
This questioner from Syria says in this question: Is it permissible for a girl, after her marriage contract has been concluded, to appoint someone other than her wali to complete the contract on the wedding night? Because in our custom, after the father takes the mahr and there is mutual agreement on this marriage, on the wedding night the witnesses are present and the girl appoints a person other than her wali to complete the wording of the contract. For example, the groom and the agent (who is not the wali) are brought in, and then the girl's agent says: "I give in marriage my client, so-and-so, daughter of so-and-so, for a mahr of such-and-such, in accordance with the Sunnah of Allah and His Messenger." Then the groom says: "I accept the marriage of your client, so-and-so, in accordance with the Sunnah of Allah and His Messenger." What is your ruling on this?
The Shaykh:
This is not permissible. She does not have the right to appoint an agent; rather, it is the wali who takes charge of that. However, she must be consulted. If she gives her permission, her wali marries her, based on his saying (peace and blessings be upon him):
There is no marriage except with a guardian.
لا نكاح إلا بوليThe virgin must be consulted, and her permission is her silence, while the woman who has been married before must be asked for her opinion.
البكر تستأذن وإذنها سكوتها والأيم تستأمرIt is not permissible for a woman to marry herself, nor to appoint someone to marry her. Rather, it is obligatory that the wali takes charge of this, whether on the wedding night or before that. The wali must take charge of the marriage and say: "I give you in marriage," and the husband says: "I accept," in the presence of two witnesses, after the girl or sister has given her consent. She must be willing, verbally if she is a woman who has been married before, or by silence if she is a virgin. This is what is obligatory, and this is what is prescribed according to the majority of the scholars. Yes.
The presenter: May Allah reward you, O Shaykh.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.