Is one witness sufficient for the proxy in a marriage guardianship, or is witnessing the proxy not required in the first place?
One should distinguish between two issues concerning agency in marriage ( bi al-):
1. Establishing Agency: Agency in marriage is only established with the testimony of two just witnesses. This is similar to matters that are not financial and require two men for their establishment.
2. Requirement of Establishing Agency for the Validity of Marriage: The majority of scholars do not stipulate the establishment of agency as a condition for the validity of the marriage contract itself. However, it is a condition for its establishment and binding nature if the authorization is denied. If the principal denies their authorization, the marriage is void, and their word, accompanied by an oath, is given precedence. It is recommended to have witnesses for the authorization before the contract to ensure the contract's validity and documentation, and to prevent future denial, thus protecting both parties. This applies to the man even more so, as he possesses the right to divorce.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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