What is the ruling on unannounced marriage contracted without a guardian (wali), and is it permissible to adopt the view of the Hanafi school of thought regarding the validity of the contract without a guardian, and what is the solution to preserve this marriage given the impossibility of announcing it or re-contracting it with the presence of a guardian?
The majority of jurists hold that the guardian (wali) is a pillar of the marriage contract. Therefore, marriage without the guardian's permission is invalid and must be annulled. The contract must be renewed in the presence of the woman's guardian. This marriage is valid if a legitimate judge rules it to be so, or if the couple adheres to the school of Imam Abu Hanifa, who does not stipulate the guardian as a condition for marriage. Publicizing the marriage is recommended but not a condition for its validity. As for a woman becoming a wife in Paradise, this is a matter of the unseen.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
Read the full answer on Ftawyhttps://ftawy.com/en/questions/110947