A man desires to marry a woman to whom he is the Waliy (a legally accountable person acting for a woman regarding marriage) i.e. he is her cousin who has the right of offering and acceptance; is it permissible for him to undertake this
or does the bride have to have another Waliy amongst her available `Asabat (relatives in whose line of relationship no female enters)? 2. Is it permissible for a Ma'dhun (marriage registrant) to undertake the conclusion of his own contract of marriage? Can he be trusted regarding recording the conditions which are agreed upon between him and the bride and her Waliy if two just witnesses are present? What is the ruling if a dispute arises amongst them regarding such conditions?
It is permissible for the Waliy of a woman, for instance her cousin, to assume offering and acceptance that the marriage contract involves. It is impermissible for the bride to assign another Waliy amongst her `Asabat to assume the acceptance. However, it is permissible for the concerned Waliy to authorize someone to do the offering on his behalf while he himself assumes the acceptance.
It is permissible for a Ma'dhun to conclude his own contract of marriage. Moreover, he is permitted to administer the Shar`y (Islamically legal) conditions that the two sides agree upon. He is to read such conditions for the bride, her Waliy, and the two just witnesses. If they agree on them; they all have to sign a paper to that effect. If a dispute then arises, it is to be referred to the court. (Part No. 18; Page No. 156) May Allah grant us success. May peace and blessings be upon our Prophet Muhammad, his family, and Companions.