Can a Qadiani Be an Agent for Nikah?

Question

In our region the nikah gathering is held as follows: the girl’s father, or her paternal uncle, or her maternal grandfather and the like — one of them — takes two witnesses with him, goes to the girl and says to her: “Shall I, as your agent (wakil), contract your nikah with so-and-so, son of so-and-so, for a mahr of such-and-such an amount in the presence of these two witnesses?

Answer

There is a difference between a guardian and an agent: in nikah the agent’s role is limited merely to expressing the words (ta‘bir), while the actual offer and acceptance are those of the spouses. In the case described the nikah has taken place, and the Qadiani’s agency was of no effect.

Source: Fatawa Mahmudiyya

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