Does a guardian (Wali) have the authority to make a marriage contract through their executor (Wasi) based on the appointment?
General Chapter
Al-Mughni
Book of Marriage
Primary text
The executor of any guardian possesses the authority to contract a marriage on behalf of the ward. If the original guardian possessed the power of compulsion (Ijbar) in marriage, the executor also possesses this power. If the guardian required the consent of the woman, the executor similarly requires her consent, as the executor stands in the place of the guardian, acting like an agent.
Supporting text
Imam Malik held that if the father designated the specific husband, the executor could compel the woman, whether she was minor or adult. If the husband was not designated and the daughter was an adult, the appointment is valid, and her consent is required. If she was a minor, her maturity must await, and the marriage is permissible only upon her consenting after reaching maturity.