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The question

What is the ruling on a "misyar" marriage that was contracted in the presence of two witnesses and with the wife's代理 (wakala) for her husband on her behalf, and is the wife's presence required?

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Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

The relied-upon opinion for us is the condition of the guardian (wali) for the validity of marriage. This is the view of the majority of scholars. Therefore, a woman cannot marry herself off, whether she is a virgin or previously married, old or young. Accordingly, it is not permissible for you to contract marriage with this woman without her guardian, even if she appoints you as her agent for that.

It is advised for those who work to teach people their religion not to resort to seeking out dispensations (rukhsa), and to be a good role model, far from doubtful situations.

Summarized from the full answer at Ftawy · imported

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Ftawy
Original fatwa ID
163610
Imported
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