Is it permissible for a previously married woman to appoint her brother to solemnize her marriage in the absence of her father and without a legal power of attorney from him, given that the father knows about and approves of the marriage but cannot attend because he is abroad, or is a legal power of attorney from the father to the girl's brother indispensable?
If communication with the guardian is feasible for the purpose of contracting the marriage, then that is obligatory; otherwise, her guardian is the Muslim judge. If that becomes difficult, she is permitted to appoint her brother or someone else, and formal notarization of the proxy is not required. She may also appoint a just person to marry her in case of necessity if the guardian or ruler is far away and cannot be easily consulted, and she is in dire need of marriage. However, if either of them is near, she is absolutely not permitted to do so. There is no difference between a previously married woman (thayyib) and a virgin (bikr) in these rulings.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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