As for “a dhimmī acting as an agent” in accepting a marriage contract on his behalf, this resembles a dhimmī giving his dhimmī daughter in marriage to a Muslim. If he gave her in marriage to a dhimmī, it would be permissible. If, however, he gives her in marriage to a Muslim, there are two views within the school of Ahmad and elsewhere. According to one, it is permissible. According to another, it is not permissible; rather, he must appoint a Muslim as his agent. It has also been said that only the judge may give her in marriage, with her father’s permission. His acting as a guardian in arranging marriage to a Muslim is comparable to his acting as an agent in the case under discussion.

Those who consider all of this permissible argue that, by scholarly agreement, the marital rights established by marriage accrue to the husband, not the agent. Ownership in other transactions is different, for the jurists have disagreed about it. The position of al-Shāfiʿī, Ahmad, and others is that the rights arising from the contract attach to the principal, and ownership accrues to him. Thus, if a Muslim appointed a dhimmī to purchase wine, that would not be permissible. Abū Hanīfah disagrees on this point.

Since marital rights accrue to the husband, who is the Muslim principal, appointing a dhimmī is comparable to appointing one of a woman’s unmarriageable relatives, such as her maternal uncle, to act as an agent in contracting marriage with her. He may accept the marriage contract with her on behalf of the principal, even though he himself may not marry her. The same applies when a dhimmī acts as an agent in a Muslim man’s marriage, even though he himself may not marry a Muslim woman.

Nevertheless, the more cautious course is not to do this, because the matter is disputed and because marriage has an element of worship. It is recommended to “conclude its contract in mosques,” and it has been related in the transmitted reports:

“Whoever witnesses the conclusion of a Muslim’s marriage contract is as though he had witnessed a conquest in Allah’s cause.”

For this reason, according to one of the two views within the school of Ahmad and elsewhere, the marriage contract must be concluded in Arabic, like the prescribed formulas of remembrance. Since this is so, a disbeliever should not be entrusted with concluding a Muslim’s marriage. Nevertheless, it does not appear that the contract is invalid, for there is no evidence in Islamic law establishing its invalidity. A disbeliever can validly conclude a marriage contract, although he is not qualified to perform acts of worship. Allah knows best.