What is the ruling on the first 'urfi marriage in this case, and what is the ruling on the planned sharia marriage, taking into account that the plaintiff and witnesses are unreliable, and the doctor's report indicates slight damage to the hymen that does not preclude her being a virgin?
For the validity of marriage, the majority of jurists stipulate the presence of a guardian (wali) and two just witnesses, based on the Prophet's (peace be upon him) sayings: "There is no marriage except with a guardian," "There is no marriage except with a guardian and two just witnesses," and "Any woman who marries without the permission of her guardian, her marriage is void." Thus, marriage without a guardian is invalid according to the majority, and null and void by the consensus of scholars if it is without a guardian and without witnesses. Marriage is not valid according to the madhhab of the majority if it does not include just witnesses. Accordingly, the aforementioned girl is not the wife of the man claiming so, and she must marry a valid marriage with her guardian or his agent.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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