What is the ruling on a marriage contract that took place in court with the presence and approval of the wife's guardian, but the judge did not ask him, "Have you accepted your daughter's marriage?" contenting himself with asking only the spouses?
The majority of jurists hold that the guardian (wali) is a condition for the validity of the marriage, and he must directly conduct the contract or delegate someone else. However, some scholars deem a marriage valid if it is considered a marriage by people in their custom, and by anything that indicates consent, whether through word or action. Based on this view, the aforementioned marriage is valid even if the guardian did not utter the declaration of offer. For marriage is concluded by whatever people consider to be a marriage, in any language, word, or action. And if the marriage contract is concluded in imitation of Abu Hanifa's view that the guardian is not a condition, then it is valid.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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