Is it permissible to appoint an agent (Waleel) in marriage contracts?
General Chapter
Al-Mughni
Book of Marriage
Primary text
The appointment of an agent in marriage is permissible, regardless of whether the guardian is present or absent, or whether the guardian has compulsive authority or not. This is supported by the report that the Prophet (peace be upon him) appointed Abu Rafi in his marriage to Maymunah, and appointed Amr ibn Umayyah in his marriage to Umm Habibah. Furthermore, since marriage is a contract involving exchange (Mu'awadah), authorization (Wakala) is valid therein, similar to sales contracts.
Supporting text
Shafi'i scholars hold two views regarding the appointment of an agent by anyone other than the father or grandfather. One view is that it is invalid because the guardian acts by permission, meaning delegation to an agent is not permissible for him, similar to a general agent. However, the established position is that the guardian acts by divine law (Shar'an), thus he can appoint an agent, unlike the argument that he acts merely by permission; his authority is established before her permission, and her consent is a condition for the validity of his action, resembling the authority of a judge. A judge can delegate marriage matters without the woman's permission. Moreover, since a woman has no authority over herself, it is not logical that she can delegate authority for her representative.