As for what has actually taken place—namely that she appointed her paternal aunt’s son as her proxy—she herself does not possess the authority to appoint an agent. The right to appoint a proxy belongs to her guardian, or to the judge if the guardian cannot or will not do so. In that case it is the judge who deputes someone to conclude the marriage contract, or he may conclude it himself, for he stands in the place of the guardian whenever the latter obstructs, refuses, or is unfit for guardianship. Therefore the agency must issue from the judge, not from the girl. If, then, matters are as you have described—that she authorized her cousin and he contracted the marriage on her behalf—this contract is invalid and must be repeated. She should go with her guardian from among her paternal cousins and a new contract should be executed with this suitor, or the judge should undertake the contract himself.

In short, returning to the sharīʿah court and explaining to the judge what has happened will, God willing, rectify the matter and guide them to the proper course. Let them therefore refer to the qualified sharīʿah judge in their locality; he will correct the contract. Allah is the One who grants success.

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A Marriage Contract Is Not Dissolved

Question: A man from our village travelled abroad and remained away for a long time. He wrote a letter to the village elder saying, “Inform my wife that if she wants a khulʿ (a wife-initiated divorce) she may do so.” The elder, however, told no one about the letter. After forty-five months the man returned to his family and his home. Has anything taken effect because of what he wrote, or not?

Answer: If the situation is as you have described—that the village elder did not convey the husband’s offer to the wife, that she never learned of it, and that no dissolution took place—then she is still bound by the marriage contract and remains his wife, because nothing has occurred that would terminate the marital bond. Allah knows best.