Is the marriage contract rendered void if it was concluded in the presence of a guardian who is not a relative, despite the presence of paternal uncles and their approval and consent to the marriage? And if it is void, what is the solution?
For a marriage to be valid, it must be solemnized by the woman's guardian (wali) or his agent, based on the Prophet's (peace be upon him) saying: "There is no marriage except with a guardian," and his saying: "Any woman who marries without the permission of her guardian, her marriage is invalid." The woman's guardian, in order, is: the father, then the paternal grandfather, then the son, then the full brother, then the half-brother (from the father's side), then their sons, then the paternal uncles, then their sons, then the paternal uncles of the father, then the ruler (Sultan). If the woman's guardian (the uncle) agrees and appoints another person to solemnize the marriage, then the marriage is valid. Similarly, if the uncle solemnizes the religious marriage contract even if he does not attend the official registration. However, if it is without a guardian, the marriage is invalid according to the majority of scholars, unless the judiciary in the country deems it valid; otherwise, the contract must be renewed in the presence of the guardian.
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- Original fatwa ID
- 5927
- Imported
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