What are the permissible scopes for appointing an agent in marriage?

General Chapter

Al-Mughni

Book of Marriage

Book 35 · Issue 3 · Bab 1

Open in Qurani

Primary text

The appointment of an agent in marriage is permissible absolutely (Mutlaq) or conditionally (Muqayyad). A conditional appointment is delegating the marriage to a specific man. An absolute appointment is delegating the marriage to whomever the guardian approves or whomever the agent desires. Ahmad, based on a narration from Abdullah, permitted an absolute delegation for a man appointing an agent for his sister or daughter, stating that if the agent finds someone satisfactory, his marriage of her is valid. This is evidenced by the report that an Arab man left his daughter with Umar ibn Al-Khattab, instructing him to marry her to a suitable match, even if it were for the price of his sandal strap. Umar married her to Uthman ibn Affan, and this action became widely known without any denial.

Supporting text

Some Shafi'i scholars prohibit the absolute appointment (Tawkeel Mutlaq). This prohibition is invalid because the permission granted for marriage is considered general authorization, akin to the woman's permission for her own marriage, or it is a contract wherein absolute delegation is valid.