A Non-Mahram Agent or Witnesses Going to the Girl for Permission

Question

In “Majmu‘a-yi Ad‘iya-yi Ma’thura” (“Collection of Transmitted Supplications”) (53) by the respected Mawlana Abrar al-Haqq Hardoi it is written that for obtaining permission for the nikah it is necessary that the agent (wakil) and his witness be mahrams, and that a witness to the permission is at the level of mustahabb; therefore, if the witnesses are not mahrams, it is necessary to give up taking witnesses to the permission.

Answer

When the girl is an adult and her guardian (wali) is present, let him obtain the permission from the girl himself, that is, say to her: “I am marrying you to such-and-such a young man for such-and-such a mahr — do you accept?” If the girl then gives permission or remains silent, that is sufficient; for this neither a witness nor an agent is needed.

Source: Fatawa Mahmudiyya

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