[Mjyzpzph]

I had a little bit of doubt regarding the practice of some people who perform a marriage contract. They tell to the elder that "have you asked her permission for the marriage?" and then this elder performs the nikaah. This elder is sometimes not a wali but a cousin or a good friend of the family.

So then it turns to making this representative a wakeel for the marriage right? Sometimes, the woman in question does not explicitly appoint a person as wakeel, but just says to her wakeel: yes I agree with the person.

This is considered as tawkeel. Is this a valid manner to appoint someone as your wakeel? For example when the wakeel is not a wali like a father? Does it have to be spoken out loud or is the above enough in the urf?
6. The bride should preferably send a wali (her father, uncle, brother or any such elder) to represent her. Thewali should be present in the gathering. The Messenger of Allah (upon him be peace) said, "A women should not marry herself off [i.e. without a wali] (Ibn maja). In the Hanafi school, the consent of a mature bride is necessary and she cannot be married off without it. The Messenger of Allah (upon him be peace) said, "A virgin cannot be married off without her permission." They asked as to how her permission is given. He replied, "Her silence" (Bukhari and Muslim). http://qa.sunnipath.com/issue_view.asp?ID=2123