Can a Qadiani Be an Agent (Wakil) in a Nikah?

Question

In our parts the assembly of nikah is held in this manner: one of the girl’s [relatives] — her father, paternal uncle, maternal grandfather or the like — takes two witnesses, goes to the girl and says to her: “Becoming your agent (wakil), shall I contract your marriage with so-and-so, son of so-and-so, for a dower (mahr) of such-and-such an amount in the presence of these two witnesses?” When the girl says “yes”, this agent and both witnesses come to the assembly.

Answer

There is a difference between a guardian (wali) and an agent (wakil). In nikah the function of the agent is confined merely to the expression of the words; the real offer and acceptance belong to the two spouses. In the situation described the nikah has been contracted, and the agency of the Qadiani went for nothing.

Source: Fatawa Mahmudiyya

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