Fatwa ID: 05417

Answered by: Maulana Syed Johir Miah

Question

I am a revert sister with no Muslims in my family, is my fiancé’s brother able to act as my wakil?

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

Answer:

It is advisable that the representative (wakil) of the girl as well as the witnesses of the girl’s consent to marry should be Mahrams, for example, her father, brother, son, uncle, nephew, etc. Non-Mahram should not unnecessarily become wakeels or witnesses. If a non-mahram becomes a wakeel or witnesses, it will be valid. However, unnecessarily do so is disliked. [1]

Hence, in the aforementioned case, due to

الضرورات تبيح المَحْظُوراتNecessities permits prohibitions^[6], it would be valid for your fiancé’s brother to act as the Wakil.

Only Allah knows best

Written by Maulana Syed Johir Miah

Checked and approved by Mufti Mohammed Tosir Miah

Darul Ifta Birmingham

[1] MukhtasarulQuduri, Quduri, 145/1, Darul Kutub Al-Ilmiyyah, 1418 H.

[2] Al-Qawaidul Fiqhiyyah, Abdullah Bin Juday, Page 43.

Al-Manthoor Fil Qawaidil Fiqhiyyah, Imam Zarakshi,  89/1, Wizaratul Awqaf, Kuwait, 1405 H.

Al-Ashbaah Wan-Nazair, 73/1, Darul Kutub Al-Ilmiyyah, Beirut, Lebanon, 1419 H.