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The question

Is an unregistered marriage for a 52-year-old woman, documented by a lawyer who was one of the witnesses, and without the knowledge of her family, religiously valid, and are its consequences permissible, knowing that the reason for the marriage is to preserve the pension of her deceased husband?

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Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

This marriage lacked the condition of the absence of two witnesses and the absence of a guardian. A lawyer cannot substitute for two witnesses, and his testimony about his own act is not valid. The majority of jurists stipulate the presence of a guardian and two just witnesses for the validity of the marriage, based on the saying of the Messenger of Allah, peace and blessings be upon him: "There is no marriage except with a guardian and two just witnesses," and his saying: "Any woman who marries without the permission of her guardian, her marriage is void, her marriage is void."

If a pregnancy occurs, the child is attributed to the man who married the woman. To renew the contract, the pillars and conditions of marriage recognized by Islamic law must be met, including the presence of the wife's guardian or his agent, and the testimony of witnesses. The children are not permitted to prevent their mother from marrying. Rather, it is advised to renew the contract with the permission of one of her guardians. If the children refuse, she may refer the matter to the judge to marry her, based on the saying of the Prophet, peace and blessings be upon him: "If they dispute, then the ruler is the guardian of one who has no guardian."

Summarized from the full answer at Ftawy · imported

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Source platform
Ftawy
Original fatwa ID
148749
Imported
Translation status
Source text, unreviewed
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