Is a girl's marriage considered void if her father refused to marry her to a young man due to his financial circumstances, then agreed to the marriage after three years with his knowledge and disapproval? Is it permissible to renew the contract with one of her relatives (her paternal uncle or maternal uncle) as her guardian instead of her father? Is this considered disobedience to parents?
The presence of a guardian (wali) is a condition for the validity of the marriage contract, based on the Prophet's (peace be upon him) sayings: "There is no marriage except with a guardian," and "Any woman who marries without the permission of her guardian, her marriage is invalid." The most rightful guardians are the father, then the paternal grandfather, then the son, then the brother, then the paternal uncle, prioritizing the closest relative first. If the closest guardian withholds consent (adhal), it is permissible for a more distant guardian to marry the woman, or for the ruler to marry her. So, if your father withheld consent and that is established, and the first marriage contract was undertaken by a guardian after your father, then the marriage is valid. However, if your father did not withhold consent, or if he did but the contract was not undertaken by one of your guardians, then the marriage is invalid, and you should take your case to the Sharia judge for him to marry you. The maternal uncle is not among the guardians in a marriage contract.
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- Original fatwa ID
- 60819
- Imported
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