Is it valid for an openly sinful person (Fasiq) to appoint an agent to obligate marriage (Ijab)?
General Chapter
Al-Mughni
Book of Agency
Primary text
Appointing an agent for the obligation (Ijab) of marriage is not permissible unless based on the narration that grants him guardianship (Wilayah) in this matter.
Supporting text
There are two differing views regarding his appointment: one permits it because he is not a guardian, and the other prohibits it because he is the one obligated to the marriage contract, resembling a guardian (Wali), and since he cannot undertake it himself, he cannot appoint an agent for it, similar to a woman.