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What should I do about my daughter who got married without a guardian or her family's knowledge, to a man who was previously imprisoned for a drug-related offense, and she is now seeking a divorce from him which he is refusing, while all family members reject this marriage?

1 min readAlso available in العربية

For the validity of a marriage contract (nikah), it is stipulated that it must be concluded by the woman's guardian (wali) or his agent, in the presence of two witnesses, based on the Prophet's (peace be upon him) saying: "(There is) no marriage except with a guardian," and "Any woman who marries without the permission of her guardian, her marriage is void." This is the view adopted by the majority of scholars.

If the marriage was conducted by an official registrar (ma'dhoun) and in the presence of two witnesses, it is a valid marriage that cannot be annulled. In this case, the woman should strive to convince her husband to divorce her. If he refuses, she has no option but to take the matter to court and request a khul' (divorce at the wife's instance). However, if the marriage took place without a guardian and without witnesses, it is a void marriage that is not recognized and does not require a divorce. Similarly, if the marriage was not conducted by an official registrar, it is a corrupt marriage (nikah fasid) with no legal value.

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

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