altogether, so it is not permissible, similar to the stipulation of compatibility in the case of one who has no compatible match. It is narrated that marriage is not valid except with a guardian due to the generality of the reports regarding it.

1108 - Issue; He said: "The agent (wakil) of each of these individuals stands in their place, even if he [the guardian] is present."

The totality of this matter is that it is permissible to appoint an agent for marriage, whether the guardian is present or absent, and whether he is one who has the power of compulsion (mujbar) or one who does not; this is because it is narrated that the Prophet (peace and blessings of Allah be upon him) appointed Abu Rafi' as his agent to marry Maymunah, and he appointed Amr ibn Umayyah as his agent to marry Umm Habibah. Furthermore, since it is a contract of exchange, it is permissible to appoint an agent for it, just like in a sale. The companions of al-Shafi'i have two views regarding the appointment of an agent by someone other than the father and the grandfather: one is that it is not permissible, because he acts by [the woman's] permission, so it is not permissible for him to appoint an agent, just like the agent [himself]. Our view is that he acts by legal authority (shar'an), so he is entitled to appoint an agent, just like the father. Their statement that "he acts by permission" is incorrect; his authority is established before her permission, and her permission is merely a condition for the validity of his action, thus it resembles the authority of the judge over her. There is no disagreement that the judge has the right to appoint a substitute in performing the marriage without the woman's permission. Also, because the woman has no authority over herself, so how could she appoint a deputy for her agent!

Section: It is permissible to appoint an agent both absolutely and conditionally. The conditional [appointment] is the appointment of an agent to marry a specific man. The absolute [appointment] is the appointment of an agent to marry whomsoever he is pleased with or whomsoever he wills. Ahmad, may Allah have mercy on him, said in...