What Is the Correct Way to Execute a Marriage Contract Through an Agent?

Answered By Shaykh Dr. Muhammad Fayez Awad

Question

What is the correct way to execute a marriage contract through an agent?

Answer

In the name of Allah, the Most Gracious, the Most Merciful.

All praise is due to Allah, Lord of all worlds. Peace and blessings be upon the Messenger sent as a mercy to the worlds, our Master and Prophet, Muhammad, and his Family and Companions.

The Marriage Contract: A Firm Commitment

Marriage is a solemn contract, as described by Allah (Most High):

“And she has taken from you a firm commitment.” [Quran, 4:21]

Hence, its conditions are strictly governed, whether conducted directly or through an agent.

The Permissibility of Appointing an Agent

A well-established principle in Islamic jurisprudence is that whoever possesses the ability to perform a particular action may either carry it out themselves or appoint someone else to act on their behalf.

However, someone who does not possess the ability to perform such an action cannot appoint someone to do so on their behalf since one cannot give what one does not have.

Therefore, a person who is legally competent—meaning a free, sane adult—can marry themselves and may also appoint someone to represent them in the marriage process. Conversely, someone who lacks legal capacity (e.g., a minor or someone mentally incompetent) cannot marry themselves and, therefore, cannot appoint an agent to marry on their behalf. [Khallaf, Ahkam al-Ahwal al-Shaksiyya]

The Definition and Role of Agency (Wakala)

Agency (wakala) is defined as delegating a permissible action to another person to carry it out during one’s lifetime. [Ramli, Nihayat al-Muhtaj, Shirbini, Mughni al-Muhtaj, Jaml, Hashiyat al-Jaml]

The scholars of the four major schools of thought agree that it is permissible for a man to appoint an agent to conduct a marriage contract on his behalf. [Ibn Qudama, al-Mughni]

Ibn Qudama mentions:

“It is narrated that the Prophet (Allah bless him and give him peace) appointed ‘Amr Ibn Umayya al-Damri to accept the marriage of Umm Habiba on his behalf, and he appointed Abu Rafi‘ to accept the marriage of Maymuna. The consensus of the Muslim umma is that agency (wakala) is permissible in general, as there is a need for it. Not every person is capable of doing everything they require, and thus there is a need for agency.” [Ibid.]

Conditions for Appointing an Agent

According to the Shafi‘i School, a man may appoint an agent to marry on his behalf, provided that the person being appointed is legally competent to perform the marriage contract.

Therefore, it is invalid to appoint a minor, an insane person, someone unconscious, a woman, or someone in a state of ihram (during Hajj or ‘Umra) as an agent because a person’s ability to act on their own behalf is stronger than their ability to act on behalf of others.

If they cannot act for themselves, then they certainly cannot act on behalf of others. [Shirbini, Mughni al-Muhtaj]

The Role of the Marriage Agent

The role of the marriage agent is solely to conduct the contract (i.e., the exchange of the offer and acceptance). The agent acts as a representative, and after the contract is completed, they are no longer responsible for any of the rights or obligations between the husband and wife.

For instance, the agent representing the groom is not responsible for the dowry or providing for the wife, nor is the agent representing the bride responsible for ensuring her obedience to her husband.

However, if the agent commits to any specific obligations or guarantees, they may be held accountable based on their commitments, not their role as an agent. [Khallaf, Ahkam al-Ahwal al-Shaksiyya]

May Allah grant us success in what pleases Him. All praise is due to Allah, Lord of all the worlds.

[Shaykh] Dr. Muhammad Fayez Awad

Shaykh Dr. Muhammad Fayez Awad, born in Damascus, Syria, in 1965, pursued his Islamic studies in the mosques and institutes of Damascus. A graduate of the Islamic University of Medina in 1985, he holds a Ph.D. in Islamic Studies from Bahauddin Zakariya University in Pakistan.

He has extensive experience developing curricula and enhancing the teaching of various academic courses, including conducting intensive courses. Shaykh Awad has taught Fiqh, Usul al-Fiqh, Quranic sciences, the history of legislation, inheritance laws, and more at several institutes and universities such as Al-Furqan Institute for Islamic Sciences and Majma‘ al-Fath al-Islami in Damascus.

He is a lecturer at the Sultan Muhammad al-Fatih Waqf University in Istanbul, teaching various Arabic and Islamic subjects, and teaches at numerous Islamic institutes in Istanbul. Shaykh Awad is a member of the Association of Syrian Scholars, a founding member of the Zayd bin Thabit Foundation, a member of the Syrian Scholars Association, and a member of the Academic Council at the Iman Center for Teaching the Sunna and Quran.

Among his teachers from whom he received Ijazat are his father, Shaykh Muhammad Muhiyiddin Awad, Shaykh Muhiyiddin al-Kurdi, Shaykh Muhammad Karim Rajih, Shaykh Usama al-Rifai, Shaykh Ayman Suwaid, Shaykh Ahmad al-Qalash, Shaykh Muhammad Awwama, and Shaykh Mamduh Junayd.