Answer
In the Name of Allah, Most Gracious, Most Merciful.
All praise and thanks are due to Allah, and peace and blessings be upon His Messenger.
In this fatwa:
- There is nothing in the sources that prevents a woman from concluding the marriage contract.
- At the same time, it is very important to legalize the marriage through a registered marriage officer. This applies whether the person conducting the marriage is male or female.
In responding to your question, Sheikh Ahmad Kutty, a senior lecturer and an Islamic scholar at the Islamic Institute of Toronto, Ontario, Canada, states:
Marriage in Islam: Solemn Contract
Marriage in Islam is primarily a social contract, and like all social contracts, there is nothing that prevents a woman from conducting the marriage ceremony.
I am not dismissing the religious or solemn nature of a marriage contract by stating that it is primarily a social contract.
It is, indeed, a solemn religious contract. One that is entered into by invoking God’s name and affirming one’s commitment to fulfilling one’s spousal obligations as husband and wife, as ordained by sacred law. However, the validity of a marriage contract does not depend on who is presiding or supervising it. Instead, what is essential, is for a marriage contract to fulfill certain conditions.
Legalizing marriage
The above conditions are primarily intended to make sure the marriage conforms to the standards of the society and to ensure that it is clearly distinct from secret or illicit liaisons between males and females.
Having said this, I would highly emphasize the importance of legalizing marriage through a registered marriage officer. This should apply whether the person conducting the marriage is male or female.
Allah Almighty knows best.
Source: www.askthescholar.com