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Nikah via agent (wakeel / proxy)

Answered as per Hanafi Fiqh by Fatwa.org.au
I have read your answer on nikah over telephone (http://www.fatwa.org.au/nikah-over-phone.html) and you have mentioned that “When necessary, you can enquire from us the procedure of appointing someone as one’s agent to do nikah”. Can you please explain the procedure to appoint an agent? I am planning to do the nikah very soon and want to know the procedure.  Jazak Allah.

Answer:

In the Name of Allah, the Most Gracious, the Most Merciful.

If Zaid, who lives in Australia, wants to marry Zainab, who lives in Malaysia, without both being present at one place, he can authorise any one of his friends or family living in Malaysia to be his agent to do his nikah with Zainab. If, for example, he selects Khalid to be his agent for this purpose, he should authorise him in these words:

“I authorise you to contract my marriage with Zainab, daughter of Mohammed Hasan, on a sum of _______ as mahr.”
 
The authorisation above can be done on the phone, by sending an email or by writing a letter. It is not necessary for witnesses to be present when authorising someone as one’s agent for marriage.

Then, at the time of nikah ceremony, in the presence of at least two male witnesses, or one male and two female witnesses, Khalid will address Zainab in these words:

“Being a duly authorised agent of Zaid, I marry Zaid, son of Ali Ahmad, to you on a sum of _______ as mahr.”

Zainab should then reply, “I accepted this marriage”.

Thus, the marriage between Zaid and Zainab will become valid.

Note: The witnesses in the nikah ceremony must be sane, baaligh (adults) and Muslims.

(Al-Fatawa al-Hindiyya: 1/324, 295 al-ilmiyyah; Fatawa Mahmudiya: 10/680; Contemporary Fatawa: pg 132)

And Allah knows best.

Mufti Faizal Riza
28/3/2012

Original Source Link

This answer was collected from Fatwa.org.au, which is connected to Darul Ifta Australia, based in Melbourne, Australia.
It is operated by Mufti Faizal Riza, a student of Mufti Ebrahim Desai from South Africa.

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