Wakeel as witness and representative

Fatwa ID: 02363

Answered by: Molana Eunus Ali

Question:

I am look for Islamic proof that a wakeel (representative for a woman at a marriage) CANNOT be a witness for the same marriage, and in cases where this had happen the marriage is invalid.
I have found info online that the consensus is its not permissible and the marriage is in valid, but I need reference from someone with fiqh of marriage contract to help with proof in sha Allah.

Answer

بسم الله الرحمن الرحيم

Firstly it is a prerequisite of the validity of a marriage the presence of either two male witnesses or one male and two female.[1]

The absence of the above mentioned witnesses at the time of the nikah will render it invalid.

Secondly the ‘wakeel’ in the terminology of the scholars is a person appointing another in his/her place as a representative and there for will take their place in for the occasion.[2]

Thirdly when a wakeel is the representative for a marriage they will be either proposing the marriage (Ijaab) or accepting the marriage (Qabul) and therefore cannot be counted as one of the witnesses as they are in the place of the either the bride or groom.

So in this situation there will need to be the correct amount of witnesses excluding the wakeel for the marriage to be valid.[3]

Conclusion: A person will not be a wakeel and a witness on the same occasion.

Only Allah knows best

Written by Molana Eunus Ali

Checked and approved by Mufti Mohammed Tosir Miah

Darul Ifta Birmingham


[1] Al-Lubab Fi Sharh Al-Kitab, Page 410, Al-MaktabatulUmariyyah

[2] Al-Fatawa Al-Hindiyyah, Volume 3, Page 516, Darul Kutubul Ilmiyyah

[3] Jadeed Fiqhi Masail, Volume 1, Page 192 & 193,  Zamzam Publishers

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