Can a guardian (Wali) delegate the authority to contract marriage for his female charge without her permission?

General Chapter

Al-Mughni

Book of Agency

Book 19 · Issue 1 · Bab 1

Open in Qurani

Primary text

The guardian (Wali) possesses the authority to delegate the marriage contract of his female charge to another person, irrespective of whether the Wali is the father or someone else, and this delegation is valid without requiring the permission of the female charge. This ruling is established because the Wali's authority stems from a religious decree (Shar'i Wilayah) concerning the contract, similar to the authority of a judge (Hakam). A judge has the power to delegate marriage contracts without the woman's consent; similarly, the Wali can do so. Furthermore, the Wali's authority originates from his status, not from the woman's side, thus her permission is not required for his delegation, unlike a mere agent (Wakeel).

Supporting text

According to a view attributed to the disciples of Al-Shafi'i, the Wali cannot delegate this authority unless he has the permission of the female charge. This is analogized to the situation of an agent (Wakeel), as the Wali also requires the woman's permission for the marriage contract itself, suggesting the same requirement applies to delegation.