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Imaam being appointed as the wakeel of the girl

Answered as per Hanafi Fiqh by Muftionline.co.za

Q: Due to certain circumstances my daughter and I have had little contact. In December she told me she want to get married and that she would like if I will be her wakheel to give her off on her wedding day. They were going to come see me to finalise everything. I was not contacted again till a few days before the wedding by her mother asking if I was still going to give her off. I responded by saying nobody asked me for her to get married. The mother answered that I never had time for the daughter and that I don’t have any rights over the daughter. I then said that she must then go to her Imaam and make him her wakheel. They then got married. Is this the correct way? Is her marriage halaal?

Bismillaah

A: Apparently it seems that the father had ceded his right to the imaam that the imaam should represent him. Hence, the nikaah is valid.

And Allah Ta’ala (الله تعالى) knows best.

Answered by:

Mufti Ebrahim Salejee (Isipingo Beach)

This answer was collected from MuftiOnline.co.za, where the questions have been answered by Mufti Zakaria Makada (Hafizahullah), who is currently a senior lecturer in the science of Hadith and Fiqh at Madrasah Ta’leemuddeen, Isipingo Beach, South Africa.

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