❀ Can a Father Act as a Wakīl (Representative) for His Son in Nikah During His Absence? ❀
Source: Ahkam wa Masail, Nikah ke Masail, Vol. 1, Page 318
❖ Question
At the time of nikah, if the son is absent, can the father act as his deputy and perform ījāb wa qubūl (offer and acceptance), provided that the bride and her father also consent?
❖ Answer
Al-ḥamdu lillāh, waṣ-ṣalātu waṣ-salāmu ʿalā Rasūlillāh, Ammā Baʿd!
◈ According to Sharīʿah, a woman’s nikah is not valid without a walī (guardian).
◈ If at the time of nikah the man (the groom himself or his wakīl) is not present, then his trustworthy and reliable representative may accept the nikah on his behalf. In this case, the nikah will be valid.
◈ The proof for this is found in the marriage of Umm al-Mu’minīn Umm Ḥabībah رضي الله عنها with the Messenger of Allah ﷺ:
- Her nikah took place in Abyssinia.
- The Prophet ﷺ was not present at that time.
- A wakīl (representative) performed the ījāb wa qubūl on behalf of the Prophet ﷺ.
- This incident proves that the nikah of an absent man may validly be conducted through his wakīl, provided all parties are in agreement.
ھذا ما عندي والله أعلم بالصواب
