Is the religious marriage that took place between a girl and a person residing in Europe, in the presence of her father only and without a guardian [wali] delegated on her behalf, considered religiously valid, knowing that the one who solemnized the marriage was her maternal cousin who is not an authorized marriage officiant (ma'dhun), and that she was the one who expressed her consent to the marriage without consulting her guardian? And what is the ruling on the suitor's family demanding a large sum of money after the engagement was broken off by the suitor and he abandoned the girl?
Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 2026
The marriage contract that was concluded is valid, due to the presence of the guardian and the wife's consent. This Shariah-compliant contract is sufficient to establish the marital relationship, and a formal (official) contract is not a condition. Therefore, the wife is now lawfully married, and it is not permissible for her to marry another until a divorce takes place. If the husband is unable to bear the expenses of marriage, it is permissible to request a divorce from him to avert harm, and this can be done through benevolent individuals, or the Shariah court, or by Khul'.
Summarized from the full answer at Ftawy · imported
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- Original fatwa ID
- 5660
- Imported
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- Source text, unreviewed
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