What is the ruling on the marriage of a previously married girl (18 years old) without the knowledge of her guardian, who is her paternal half-brother, knowing beforehand that he would refuse, and her having given birth to a child, and what is incumbent upon the guardian to do regarding this fait accompli?
If a guardian prevents his ward from marrying a suitable partner without a valid religious reason, he has committed adhl (unjust impediment). In this case, his guardianship is forfeited and transfers to the next closest guardian or the Muslim ruler. If the marriage occurred without a guardian or was not sanctioned by the ruler, it is invalid and must be annulled and renewed. The child, however, is attributed to the husband due to (semblance of a valid marriage). It is crucial to be aware of the grave consequences of guardians arbitrarily preventing marriage without cause, and the harms of disrupting familial ties and severing kinship.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Ftawy
- Original fatwa ID
- 138759
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- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
- Read the full answer on Ftawy