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Can a woman’s cousin be her Wakil?

Answered according to Hanafi Fiqh by DarulUloomTT.net

Salaams,

Can ones mother brother’s son be a girl’s wakil for her wedding?

Wa Alaikum Assalaam,

Although it is permissible for him (one’s mother brother’s son – cousin) to be a Wakil (agent on behalf of the girl) for her wedding, it is best that the girl’s Wali (guardian) or any other blood relative who is a Mahram fulfil this requirement. The reason for this is that the legal guardian is the person who should contract a girl’s marriage on her behalf with her consent and as a Mahram, he can enter the private chamber of the girl (as is the custom/tradition of Muslim marriages in the west).

The cousin is not a Mahram of the girl and so, he cannot enter her private chamber; only a blood relative can do so. As such, the girl’s wali (guardian) who can be the father, paternal grandfather, paternal uncle etc. can do the job of the wakil.

And Allah Knows Best.

Mufti Waseem Khan.

26/5/17.

This answer was collected from DarulUloomTT.net, which is operated under the supervision of Mufti Waseem Khan from Darul Uloom Trinidad and Tobago.

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