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The question

What is the ruling on a 40-year-old widow marrying without anyone's knowledge, if the marriage contract is performed by a mosque sheikh with two witnesses present? Is she required to pay a dowry? And is it permissible for her to gradually announce the marriage out of consideration for her children's feelings?

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

The contract is valid if it takes place in the presence of the woman's guardian (wali) or his representative, and two just witnesses. However, if it takes place without a guardian, it is invalid, because a woman does not manage her own affairs, even if she is an adult.

If the conditions and pillars of marriage are met, the contract is valid, and its non-publicity does not affect it. But if the condition of the guardian is missing, the contract is invalid, and it must be renewed, fulfilling the Shariah-compliant conditions and pillars.

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Ftawy
Original fatwa ID
94173
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