The Father Gave the Grandfather Authority to Contract the Nikah

Question

Zayd ran away from home, and it is not known where he is now. When leaving, he gave permission for the nikah of his minor daughter to his father, his brother and his wife. Then he also sent written permission by means of a note. Zayd’s father wants to contract the marriage of the minor girl — will the contract be valid? The girl is 12 years old. Zayd’s father is in a troubled state; he wants to be relieved of this situation. In such a case, will the nikah be valid according to the Shari‘a or not?

Answer

Just as the father himself has authority over the nikah of his minor daughter, so too he has the authority to give this authority on his behalf to another person. Therefore, in the case asked about, if the girl’s grandfather contracts the nikah, it too will be valid and binding (lazim) according to the Shari‘a. However, it must be contracted with an equal match (kuf’)

Source: Fatawa Mahmudiyya

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