Are the aforementioned procedures considered a valid power of attorney for the marriage contract, and is the resulting marriage Islamically valid? Is true intention a condition for the occurrence of a divorce by implied terms (Kinayah), or does it occur merely by uttering its words?
Source: FtawySummary from Ftawy's records · added here Sep 2, 2026
It is permissible for the husband to appoint an agent to represent him in the marriage contract. If the wife is asked if her maternal uncle is an agent and she assents, then the agency is valid, and so is the marriage. It is permissible to appoint an agent for the marriage contract through modern communication methods. Divorce by implicit wording requires intention. If there is doubt about the intention, it does not affect the marriage, because the default is the continuation of the marital bond. A divorce issued by someone overwhelmed by obsessive thoughts does not take effect, even if expressed in explicit terms.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Ftawy
- Original fatwa ID
- 160755
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- . This is when the answer was added to El Fatwa, not the fatwa's date.
- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
- Read the full answer on Ftawy