Is a wife's permission required for her to appoint an agent (Wakil)?
General Chapter
Al-Mughni
Book of Marriage
Primary text
The appointment of an agent by a woman, whether the principal appointing her is her father or someone else, is valid without requiring her permission. The validity of the agency appointment does not necessitate the presence of two witnesses. The proof for this rests on the legal analogy that the guardian's (Wali) permission for marriage does not require the wife's permission, nor does it require witnesses, similar to the permission of a judge. Furthermore, the guardian is not an agent for the woman, and this specific agency appointment does not grant ownership of the marital right (bida'). Thus, it does not require witnesses, unlike marriage.
Supporting text
Some Shafi'i scholars hold that an agent cannot appoint a sub-agent unless the wife grants permission, unless the original principal is one who legally compels her marriage. Al-Qadi based this view on the two narrations concerning an agent appointing a sub-agent without the permission of the original principal.