Back to search

Is the marriage contract valid if it was concluded with the guardianship of someone other than the male agnates (ʿaṣaba) in the absence of the father, paternal grandfather, and male siblings, and with the presence of an uncle whose guardianship the wife rejects, knowing that the contract was concluded in the presence of the wife's maternal uncles, her mother, and her female sisters? Is the uncle's verbal consent sufficient, or is the presence of witnesses necessary? And what should be done if the uncle refuses?

1 min readAlso available in العربية

The majority of scholars stipulate the need for a guardian (wali) in marriage, based on the Prophet's (peace be upon him) saying: "Any woman who marries without the permission of her guardian, her marriage is invalid." The guardian should be from the 'asabah (agnatic relatives). The contract that was concluded without a guardian is void and must be renewed by the closest guardian. If the closest guardian obstructs the marriage ('adal), the woman may refer the matter to a judge. It is permissible for a more distant guardian to arrange the marriage with the consent of the closest one. For the marriage to be valid, there must be upright witnesses who hear the wording of the contract. Witnessing only the guardian's approval is not sufficient; rather, the guardian must personally conduct the marriage contract or delegate someone else to do so.

Summarized from the full answer at Ftawy · reviewed Sep 2, 2026

Read the full answer on Ftawy