One Person Being Both Principal (Asil) and Agent (Wakil) in a Nikah

Question

Question: Rashid is fifty years old, and the widow Anisan Khatun is about forty-five; some twenty years have passed since her husband’s death. Rashid asked Anisan to marry him; she agreed and said, “You conclude the nikah.” Zayd performed the nikah. The one who performed the nikah and the agent (wakil) do not pray. ‘Amr is acting as a witness; he too does not pray. The nikah took place in Anisan’s absence.

Answer

Since Anisan gave Rashid permission for the nikah, saying, “You conclude the nikah,” Rashid became her agent (wakil) on her side and a principal (asil) on his own side; Zayd and ‘Amr both became witnesses. When Rashid accepted Anisan in the presence of both of them, this nikah was concluded.

Source: Fatawa Mahmudiyya

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