Is it permissible for a mature wife to delegate her husband's father to conduct her marriage contract, even though he is not her guardian or a relative of hers? And would the contract be valid, taking into consideration what Articles 24 and 25 of the Moroccan Family Code stipulate?

The majority of scholars hold that the guardian (wali) is a condition for the validity of the marriage contract, and a woman does not have the right to marry herself. They cite as evidence the hadith (definition): "There is no marriage except with a guardian," and the hadith: "Any woman who marries herself without the permission of her guardian, her marriage is null, null, null." Abu Hanifa, however, holds that she may marry herself and appoint someone to represent her in the marriage contract.

The fatwa (definition) (religious edict) aligns with the view of the majority. Accordingly, it is not permissible for a woman to authorize anyone to conduct her marriage contract, except in cases where she has no guardian at all, or her guardians are non-Muslims, or they are unjustly preventing her marriage (aadilun laha), and there is no Sharia (definition) judge available. In such a situation, it is permissible for her to authorize a righteous man to marry her.