Back to search
The question

Is it permissible for the woman's guardian (walī) to be the agent and one of the two witnesses in the marriage contract (ʿaqd al-nikāḥ)?

Share this answer

Source: FtawySummary from Ftawy's records · added here Sep 2, 20261 min readAlso available in العربية
The answer

If the question is about the woman’s guardian acting as an agent for the husband, then according to the majority of jurists, it is permissible for one person to undertake both sides of the contract in marriage. However, it is not permissible for the guardian or his agent to be one of the two witnesses in the marriage. So he cannot be a witness, even if he delegates, because the agent is his representative. And the testimony of the guardian to the contract of his ward is not permissible because he is suspected of concealing her. Nor is the testimony of the one who undertakes the contract valid.

Summary from Ftawy's records · added here

Reviewed by El Fatwa's sharia committee.

Read the full answer on Ftawy
Where this answer came from
Source platform
Ftawy
Original fatwa ID
139558
Added here
. 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