Is the presence of two witnesses required for the validity of a wife appointing an agent in matters related to marriage?
General Chapter
Al-Mughni
Book of Marriage
Primary text
The appointment of an agent by a woman does not require the presence of two witnesses for its validity. This is proven by the fact that the guardian's permission for marriage does not require witnesses, and this specific agency does not transfer ownership of the marital right (bida'), unlike the marriage contract itself.
Supporting text
Hasan ibn Salih holds that the appointment is invalid unless witnessed by two individuals, asserting that because the matter pertains to the legality of sexual intercourse, it requires testimony, similar to marriage.