Is the appointment of an agent valid for one who does not possess guardianship (*wilayah*)?
General Chapter
Al-Mughni
Book of Marriage
Primary text
The appointment of an agent is invalid for a person who does not possess guardianship because the agent stands in their place and succeeds them. If the guardian appoints an agent to contract marriage for the female ward (*mawliyyah*), it is not valid because that involves guardianship, and the principal is not qualified for it. Since one who does not possess the natural guardianship through kinship cannot contract marriage on their behalf, it is even less permissible for them to contract marriage on another's behalf through agency.
Supporting text
It is argued that the agency of a slave, a morally corrupt person (*fasiq*), or a discerning minor in concluding the contract is valid because they are qualified for the verbal formulation of the contract, and their expression therein is sound; this is evidenced by the validity of their acceptance of marriage for themselves. They are only disqualified from guardianship itself because guardianship requires complete maturity, which is unnecessary for the verbal declaration of the contract.