Back to search

Is the marriage of the scholarship student valid after she appointed the Imam to officiate the marriage contract in America, where the contract was conducted in the mosque in the presence of worshippers and witnesses, and the dowry was completed, while her father is in another country, knowing that she was previously married?

1 min readAlso available in العربية

The majority of scholars hold that a woman's marriage without her guardian (wali) is invalid. Her presence in a foreign country does not nullify her guardian's right, nor is it considered an absence that forfeits guardianship, as communication with him is possible. The concept of absence changes with times; the guardian can be appointed by phone or fax. The marriage is valid if a Sharia judge rules it so. Children born from an invalid marriage are attributed to the husband. It is important to note that a woman's travel for study in disbelieving lands is impermissible except under specific Islamic regulations.

Summarized from the full answer at Ftawy · reviewed Sep 2, 2026

Read the full answer on Ftawy