Is a marriage contract valid if a person in Ihram acts as a guardian (Wali) for another person's marriage?
Chapter on Marriage of Polytheists
Al-Mughni
Book of Marriage
Primary text
There are differing scholarly opinions regarding whether a marriage contracted while the guardian (Wali) is in Ihram is valid. One view, favored by Al-Kharqi, holds that it is invalid. The basis for this opinion is that the marriage prohibition for one in Ihram extends to actions performed on behalf of others due to the comprehensive nature of the prohibition found in the prophetic tradition. Furthermore, it is a contract that the person in Ihram cannot validly conclude for himself, similar to his prohibition from hunting game.
Supporting text
The alternative view, favored by Abu Bakr, holds that the marriage is valid when the person in Ihram acts only as a guardian for someone else. This is because the prohibition against marriage during Ihram stems from it being an incentive leading to sexual intercourse, which invalidates the Hajj, and this consequence does not arise merely from acting as a guardian for another's marriage.