Witnesses Are Not Required for Appointing an Agent for Nikah

Question

At a certain gathering the guardian (wali) of a girl comes up to the speaker and says: “Contract the nikah of my daughter with this man for such-and-such a mahr.” Before a gathering of hundreds and thousands, the respected preacher, after the sunna sermon (khutba), says to the young man in a loud voice: “I have contracted with you the nikah of so-and-so, daughter of so-and-so, for a mahr of five thousand. Have you accepted her into your nikah?” The young man affirms: “I have accepted her into my nikah.

Answer

If the guardian obtained the girl’s permission for the nikah while she was an adult (baligha), and she gave permission or remained silent, and then the guardian, on his own behalf, made the speaker his agent (wakil) for the offer and acceptance, and the agent conducted the offer and acceptance in the presence of witnesses, then this nikah is valid.

Source: Fatawa Mahmudiyya

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