The Ruling on Agency in Marriage and Divorce
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Question:
In his second question, this questioner asks: Is it permissible for a father to divorce his son’s wife, such that the son appoints his father as his agent? And likewise, is it permissible for a father to handle the marriage contract on behalf of his son while the son is absent?
Answer:
Agency is permissible, even for someone other than the father. If the husband appoints his father, his brother, or a stranger to divorce his wife, there is no harm, provided the husband is sane and of sound mind, meaning he has the mental capacity to manage his affairs. Whether he divorces her himself or appoints an agent, there is no harm, as long as he is sane, not insane, and not of unsound mind, but rather possesses his intellect. Thus, agency in divorce is permissible. Similarly, if a father marries his son’s daughter, provided her father appointed her grandfather (the father’s father) as his agent, there is no harm. If a man appoints his father to marry off his daughter, there is no harm.
However, if the son is present, the father does not marry her off; rather, the son handles the marriage of his daughter, not the grandfather. The father handles the marriage of his own daughter, but if he appoints his father (the girl’s grandfather) as his agent to marry her off, there is no harm. Or if he appoints someone other than her grandfather as his agent, there is no harm, as mentioned previously.
As for the father handling the marriage of his son’s daughter without agency, that is not allowed, because the son is closer to her and is her father. He is closer to her, and guardianship is determined by proximity: her father, then her son, then her grandfather, however high up the lineage, then her son’s son, however far down the lineage, then her full brother, then her paternal half-brother, and so on, similar to inheritance. A distant guardian does not marry her off when a close guardian is present; the close guardian has the right to do so, unless the close guardian appoints an agent, or the close guardian has an excuse, such as absence where he cannot be contacted, or his location is unknown, in which case he is considered as if he does not exist, and the next guardian in line marries her off.
For example, if her father is absent, her son marries her off, if her father is absent and his location is unknown so that he cannot appoint an agent, and he cannot be contacted and it is not easy to reach him, her son marries her off. Likewise, if her son is absent and her father is present, her brother marries her off, if it is not possible to reach her closest guardian by phone or by letter.
The conclusion is that guardianship is by the closest, the closest then the next closest. If the closest is found, he is given priority in the marriage, unless he appoints an agent, and he is of sound mind; if he appoints an agent, there is no harm. Yes.
The presenter: May Allah reward you and reward you with good, O Shaykh.
In his second question, this questioner asks: Is it permissible for a father to divorce his son’s wife, such that the son appoints his father as his agent? And likewise, is it permissible for a father to handle the marriage contract on behalf of his son while the son is absent?
Answer:
Agency is permissible, even for someone other than the father. If the husband appoints his father, his brother, or a stranger to divorce his wife, there is no harm, provided the husband is sane and of sound mind, meaning he has the mental capacity to manage his affairs. Whether he divorces her himself or appoints an agent, there is no harm, as long as he is sane, not insane, and not of unsound mind, but rather possesses his intellect. Thus, agency in divorce is permissible. Similarly, if a father marries his son’s daughter, provided her father appointed her grandfather (the father’s father) as his agent, there is no harm. If a man appoints his father to marry off his daughter, there is no harm.
However, if the son is present, the father does not marry her off; rather, the son handles the marriage of his daughter, not the grandfather. The father handles the marriage of his own daughter, but if he appoints his father (the girl’s grandfather) as his agent to marry her off, there is no harm. Or if he appoints someone other than her grandfather as his agent, there is no harm, as mentioned previously.
As for the father handling the marriage of his son’s daughter without agency, that is not allowed, because the son is closer to her and is her father. He is closer to her, and guardianship is determined by proximity: her father, then her son, then her grandfather, however high up the lineage, then her son’s son, however far down the lineage, then her full brother, then her paternal half-brother, and so on, similar to inheritance. A distant guardian does not marry her off when a close guardian is present; the close guardian has the right to do so, unless the close guardian appoints an agent, or the close guardian has an excuse, such as absence where he cannot be contacted, or his location is unknown, in which case he is considered as if he does not exist, and the next guardian in line marries her off.
For example, if her father is absent, her son marries her off, if her father is absent and his location is unknown so that he cannot appoint an agent, and he cannot be contacted and it is not easy to reach him, her son marries her off. Likewise, if her son is absent and her father is present, her brother marries her off, if it is not possible to reach her closest guardian by phone or by letter.
The conclusion is that guardianship is by the closest, the closest then the next closest. If the closest is found, he is given priority in the marriage, unless he appoints an agent, and he is of sound mind; if he appoints an agent, there is no harm. Yes.
The presenter: May Allah reward you and reward you with good, O Shaykh.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.