Delegating Someone to Make the Marriage Contract is Permissible

Delegating Someone to Make the Marriage Contract is Permissible


Question :

A man may marry by himself, but is it permissible to appoint someone else to contract a marriage for him? And is it necessary to identify the groom in case of delegation? And what are the conditions of delegation in marriage, if it is permissible?


Answer:

Yes, it is permissible for a person to appoint someone to accept a marriage contract for him, saying: "I appoint so-and-so to accept a contract of marriage for me with Miss so-and-so..." but he must identify to him the woman whom he wishes to marry, and he may not say, for example: "I appoint you to find a wife for me and make a contract with her..." because this.

is ignorance wherein lies a risk. It might result in regret and it might cause a split between the husband and wife. This is because not every woman who is attractive to the proxy is attractive to the one who delegated him. Therefore the bride with whom the proxy was appointed to contract the marriage must be identified. Likewise, it is permissible for the woman's guardian to appoint a proxy to contract marriage for the woman in his charge with so-and-so. But the husband must also be identified and he must be well known to the guardian, and to the woman, and be acceptable (to them). So it is clear from this that appointing a proxy to contract a marriage is permissible, whether the proxy is appointed by the groom to accept marriage from a certain woman, or by the guardian of the bride to give the woman in his charge in marriage to a certain man.

And the conditions of appointing a proxy are that the proxy is one to whom it is permissible to delegate the responsibility of contracting this marriage. So if he appointed a woman to do this, it would not be correct, because it is not possible for a woman to be charged with making a marriage contract by herself. But if he appointed a rational man to do it, there is no sin in that.


Source:
Ibn 'Uthaimin
Fatawa Islamiyah, Vol. 5 Pages 248-249

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