Does the father's executor (*Wasi*) hold the authority (*Wilayah*) in marriage matters like the father?

General Chapter

Al-Mughni

Book of Marriage

Book 35 · Issue 1 · Bab 1

Open in Qurani

Primary text

The father's executor in marriage holds the same authority as the father concerning the female ward's marriage. This authority is established only for the father's executor specifically in marriage contracts. If the executor is appointed only for financial matters, he possesses no authority in the marriage contract because his authority derives solely from the bequest, and he cannot act on matters not explicitly willed to him.

Supporting text

An executor appointed by someone other than the father possesses no authority over a minor or an insane person because the testator himself did not possess that specific authority to delegate.