Second case: that the guardian of the groom and the bride undertakes both sides of the contract, such as a grandfather undertakes both sides of marriage when he marries his granddaughter to his grandson.
Jurists have differed in this regard according two views: (1)
The first view is: The Hanafi school of fiqh, not including Zufar, the Shafi`y school of fiqh, and the Hanbay school of fiqh in one narration hold the view that it is permissible that the guardian of both spouses undertakes both sides of the contract. However, the Shafi`y school gives that right to grandfather only because of his powerful guardianship over others. They hold the action of the Prophet (peace be upon him) as a proof when he gave the daughter of his uncle Hamzah (may Allah be pleased with him) in marriage to `Umar ibn Abu Salamah while she was young. `Uqbah ibn `Amir (may Allah be pleased with him) narrated that the Messenger (peace be upon him) said to a man: "Do you agree that I give you so and so in marriage? The man answered: Yes. He also said to the woman: Would you like me to marry you to so-and-so? She said: Yes. He then married one to the other. The man had sexual intercourse with her, but he did not fix any dower for her, nor did he give anything to her. He was one of those who participated in the expedition to Al Hudaybiyyah. One part of the expedition to al-Hudaybiyyah had a share in Khaybar. When he was nearing his death, he said: The Messenger of Allah (peace be upon him) married me to so-and-so, and I did not fix a dower for her, nor did I give anything to her. I call upon you as witness that I have given my share in Khaybar as her dower. So she took the share and sold it for one hundred dirhams." (2) This includes all guardians.
The second saying is: The view of Zufar, one of the weak narrations of the Shafi`y school, and the second narration of the Hanbaly school hold that it is not permissible for a guardian to undertake both sides of the contract, but he should authorize someone to give her in marriage to his grandson because the parties of marriage should be different, so offer and acceptance cannot be achieved except by two contracting parties.
The preponderant saying is the first because the wordings of offer and acceptance were issued from a qualified person, so he represents both contracting parties.
1- Al Bahr Ar-Ra'iq 3/146, Bada'i` As-Sana'i` 2/231, Tabyin Al Haqa'iq 2/132, Mughny Al Muhtaj 3\163, Al Mughny 6\469-471 and the Kuwaiti Islamic Jurisprudence Encyclopedia 41/244.
2- Reported by Abu Dawud, book of marriage, chapter on a person who has married without fixing a dower Hadith No. 2119- 2/203 and Al Albany graded it as authentic.
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