Is the appointment of an agent valid for a person to accept marriage on another's behalf?

General Chapter

Al-Mughni

Book of Marriage

Book 35 · Issue 2 · Bab 1

Open in Qurani

Primary text

If the husband appoints an agent to accept the marriage on his behalf, or if the father appoints an agent to accept the marriage for his minor son, the ruling according to our colleagues is that it is invalid. This is because the agent would be one of the two contracting parties, and thus appointing an agent for him in this capacity is impermissible, similar to the offeror (*ijab*).

Supporting text

There is a potential view that permitting the agency of the aforementioned individuals is sound because they are qualified parties, and their acceptance of marriage for themselves is valid; therefore, it should be permissible for them to act as agents for others in this matter, similar to the sale contract. This is one of the two reported opinions among the Shafi'is regarding a slave.