Nikah through Vakeel is valid.
No doubt as per Sharia Nikah
of female can be solemnised through her Vekeel and all the Islamic Schools of
thought recognised Nikah performed through Vekeel as valid. Robina Gul v. Inam
Khan (P L D 2003 Peshawar 1) by Qureshi, J. Talaat Qayum
Purpose and Wakeel for marriage.
The term '‘Wakeel'’ has not
been defined in the Muslim Family Laws Ordinance, 1961. The purpose seems to be
as the female is not to appear in the Assembly herself, therefore, she should
be represented by male. The Wakeel generally is representative of the party
appointing/nominating him. A Wakeel representing female cannot be a man from
the street because he is to perform Ijab o Qabool, therefore, keeping in view
the Islamic principles and the general practice prevalent in our society the
Wakeel of the female has to be one related to her in the prohibited degree. It
is normally maternal /paternal uncles, sister'’s husband, brother, father etc.
A stranger cannot represent a female in Nikah. A girl speaks at the time of
Nikah through her Wakeel. This practice is in vogue to preserve the honour of
the family of the girl. Another reason for observing this practice is that it
excludes the possibilities of marriage through duress, compulsion and fraud.
Robina Gul v. Inam Khan (P L D 2003 Peshawar 1) by Qureshi, J. Talaat Qayum
ConversionConversion EmoticonEmoticon