Is an urfi marriage to a divorced woman with a young daughter, whose father has passed away, Islamically valid without the knowledge of her guardian, even if her sisters and friends are aware of it?
The majority of scholars hold that a woman's marriage is not valid without the permission of her guardian, whether she is a virgin or previously married, due to the Prophet's (peace and blessings be upon him) saying: "Any woman who marries without the permission of her guardian, her marriage is invalid."
Based on this, if the marriage occurs without the guardian's permission, it is invalid according to the majority, and the knowledge of friends or female relatives does not affect this. However, this marriage becomes valid if a Sharia judge rules it to be so.
As for a marriage that took place with the knowledge of the aforementioned individuals without witnesses, a marriage formula, or a guardian, this is not considered a legitimate marriage, and cohabitation thereafter is considered adultery. In this case, one must immediately refrain from it before the formal marriage contract with its pillars.
Children resulting from such a marriage are attributed to you if you believed the marriage to be valid. Muslims are in agreement that any marriage which the husband believed to be permissible and engaged in cohabitation, his child is attributed to him and they inherit from each other, even if the marriage was in fact invalid.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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