Wakeel in marriage appointing another person as Wakeel
3-1-2018 | IslamWeb
Question:
Assalaamu alaykum. My marriage took place one year ago. My uncle took my consent for marriage and later appointed my mother as Wakeel (agent). He, my uncle, was the witness for the marriage, along with another uncle. I fully agreed regarding the marriage and have a child now. Today,however, I saw in a book (Qanooni Shariyat) that the Wakeel has no authority to appoint another Wakeel, and that if this happened, it becomes a "Fazooli marriage" and is valid upon consent of the bridegroom. Now I worry very much, as I have doubts about the marriage. Was it valid or not? What will I do now? How should I have given consent?
Answer:
All perfect praise be to Allah, the Lord of the worlds. I testify that there is none worthy of worship except Allah and that Muhammad, sallallahu ʻalayhi wa sallam, is His slave and Messenger.
If you mean that you appointed your uncle to be your Wakeel in accepting your marriage and he, in turn, appointed your mother to be the Wakeel and she carried out the marriage, then this situation is problematic from two aspects:
First, that the Wakeel appointed another Wakeel. Scholars held different opinions in this regard; the majority of the scholars forbade it except with the consent of the principal. The Hanafis, on the other hand, allowed it if the original Wakeel was present during the contract session along with the Wakeel whom he appointed.
Second, appointing a woman to be Wakeel in marriage. Scholars held different opinions in this regard as well; some of them forbade it, while others held that it is permissible, including the Hanafis.
Hence, you come to know that this marriage is valid according to the Hanafis, who held that both actions are permissible. Since the marriage has already been conducted, there is no harm in accepting it as a valid marriage contract according to the Hanafis. If you wish to be on the safe side and renew the marriage contract, then that would be good.
Allah knows best.