What is the ruling on a marriage concluded verbally without documentation, with the guardian's knowledge, and with the husband's promise to document it later? Can it be annulled despite the husband's and the sheikh's refusal? And what is the validity of the husband's condition that the guardian be aware of the khulwa (private meeting) for the completion of the divorce?
For a marriage to be valid, it must be officiated by the woman's guardian (wali) or his proxy, in the presence of two witnesses. If your father was authorized to officiate for you, the condition of the guardian is met. Otherwise, a marriage without a guardian is not valid according to the majority of jurists. If the marriage lacks both a guardian and two witnesses, it is null and void. If the marriage is valid, and the wife dislikes her husband to an extent that makes continuation impossible, she may request a divorce or khul' (divorce at the wife's instance, usually by giving up her dower) while returning the dower. However, requesting a divorce is only permissible for a valid reason, as the Messenger of Allah (peace and blessings be upon him) said: "Any woman who asks her husband for a divorce without any strong reason, the scent of Paradise will be forbidden to her." It is not a condition for a divorce to occur that the husband informs the wife's guardian about the khulwa (private seclusion between husband and wife after the marriage contract). The khulwa makes the full dower obligatory, while divorce before khulwa necessitates half the dower.
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