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Brother being a wali in nikaah

Answered as per Hanafi Fiqh by Muftionline.co.za

Q: During my nikah, one of the witnesses asked me who I wish to take as my representative, and I said my brother. My question is:

1. Is it necessary for the bride to verbally appoint her representative or can her brother, being her wali, act on her behalf without her saying so.

2. If I didnt say my brothers full name does this affect the validity of the nikah. On the marriage certificate my brothers full name is written.

3. If nothing of the dowry amount is paid immediately does this have affect the validity of the nikah?

Bismillaah

A:

1. No, it is not necessary. If she gave consent for the marriage, the brother can act on her behalf.

2. No

3. No

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

Answered by:

Mufti Zakaria Makada

Checked & Approved:

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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