Q: The father of a girl
has been out of the country for more than ten years. He entrusted his son to sign her marriage contract.
This son was officially entrusted by the father to be the Wakil (legally accountable person who acts on behalf of another for a specific permissible matter). Now, is this Wakalah (appointment of a legally accountable person to act on behalf of another for a specific permissible matter) valid? Is it permissible for the judge to interfere with the marriage procedures, even in the presence of this Wakalah?
Judging whether this Wakalah is valid or not is determined by the legal courts. As such, if it is proven by the judge that the daughter's father made his son a Wakil for him as mentioned in the question and the judge validates the Wakalah, then this Wakil is entitled to sign the marriage contract and there is no need for the judge. However, if this is not proven or is so but the judge invalidates the Wakalah, or it is proven to the judge that the Wakil is preventing the woman from marrying, then the ruler may undertake the duty of signing the marriage contract by himself or he may nominate any person having the legal capacity to do so. This is based on the following Hadith in which the Prophet (peace be upon him) said:
"A Sultan is to act as the Waliy of the one who has no Waliy."
(Part No. 18; Page No. 157) The Sultan here refers to the ruler of a Muslim country, a governor, or a person they nominate to act on their behalf. May Allah grant us success. May peace and blessings be upon our Prophet Muhammad, his family, and Companions.