Is it permissible for a non-Arab Muslim woman to marry with the consent of her family, excluding her mother, and without governmental documentation, given that her guardian is not in the country of marriage? Should she marry herself or choose a guardian?
For the validity of a marriage, the presence of a guardian (wali) and witnesses is a prerequisite. Therefore, the marriage must take place in the presence of the woman's guardian, or someone he authorizes. The guardian's agent must meet the same conditions as the guardian himself. A woman is not permitted to marry herself. Documenting the contract is not a legal prerequisite but it preserves rights. The mother's consent is not a condition for the validity of the marriage, but her justified disapproval necessitates not proceeding with the marriage to avoid filial disobedience.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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