Does appointing a lawyer in the husband's country on behalf of the daughter and with the father's consent constitute a valid Islamic marriage contract?
The majority of scholars hold the view that a woman cannot marry herself off or appoint someone else to marry her off, except with the permission of her guardian (wali). Abu Hanifa, however, was of the opinion that a mature woman may marry herself off. Ibn Qudamah stated that marriage is not valid except with a guardian, and this was narrated from a number of companions, and many jurists adopted this view.
The issued is based on the opinion of the majority. Therefore, the contract is not valid if the lawyer is acting as an agent for the woman. However, if he is acting as an agent for her father, and the offer and acceptance take place between him and the groom in the presence of two witnesses, then the contract is valid.
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