What is the ruling on a marriage concluded by offer and acceptance between a suitor and his fiancée without a guardian or witnesses? And can its invalidity be lifted by informing her guardian and his acceptance of it? And what is the ruling on the marital practices that occurred between them?
The guardian erred in delaying the marriage contract, and the questioner and the man violated the guidance of Islam by not being patient for the completion of the contract. What transpired between them, specifically the man's statement, "Marry me to yourself according to the Book of Allah and the religion of our Prophet Muhammad, peace and blessings be upon him," does not make their actions legally valid. This is not a legitimate marriage and holds no validity, nor does the guardian's consent validate it. Rather, a new contract with all its conditions must be concluded. They must offer sincere repentance and refrain from committing indecency until the contract is finalized. Any enjoyment, looking, or private seclusion that occurred between them must be repented for. If pregnancy occurs, it is attributed to this man.
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- Original fatwa ID
- 75888
- Imported
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