Marriage Contract

[Sr. Reehab]

Assalamu Alaykum,

In a review session with Hosna--some of the sister had a question:

When it comes to the person actually conducting the Nikkah--What are the qualifications of this person? Can this person be a sister?

Jazakum Allahu Khaira!

[gkhan]

what do you mean by the person conducting the contract?

if you mean that a person must be present who goes through the process and asks both parties, then that is not a requirement.

shaykh waleed (hafidahullah) mentioned that the reason the "shaykh/learned person" is present is to ensure that both parties are aware of the requirements and the rights of each other. if there was no fear of abuse or overstepping the bounds of the shariaa, this figure is not needed. the requirements are listed in the book, and the basics include:
1. wali present
2. ijaab and qabool (offer and acceptance)
3. witnesses

thats it. some might argue for more or less requirements, but the requirement for a conductor is not present.

as for if this person conducting can be a lady, allahu alam.

[Waleed Basyouni]

Yes, a sister can conduct the marriage contract in this case.

[gkhan]

jazakullah khayran shaykh for clearing up the issue.