Is the marriage valid if the wife discovered after the contract that the condition the husband agreed to (writing a house in her name) was a deception through a forged contract, knowing that she married without a guardian based on the fatwa of Imam Abu Hanifa?
Marriage without a guardian (wali) is considered an invalid marriage by the majority of jurists, although the Hanafis permitted it under other conditions. The preponderant view is that of the majority. However, if this contract was conducted before a Hanafi judge, or in a country that operates according to the Hanafi school of thought, the marriage is not annulled. If the wife stipulated that a piece of land be written over to her, and it later became clear that the deed was forged, then she is entitled to the value of the land, whether it was the dowry (mahr) or a part of it, and whether the marriage was valid or invalid; because in an invalid marriage, the dowry becomes obligatory upon consummation.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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