Is a marital relationship that took place between a man and a woman without a guardian (wali) or witnesses considered a valid marriage that necessitates divorce, or is it fornication that does not entail the rulings of marriage?
A marriage contracted without a guardian (wali), witnesses, or mahr (dower) is invalid by scholarly consensus and does not require a divorce. If intercourse occurred with knowledge of the contract's invalidity, both parties are considered फॉरnicators and are liable to the prescribed punishment (hadd) and must repent. However, if they were ignorant of the marriage's invalidity, there is no prescribed punishment (hadd) or sin upon them, provided their ignorance is excusable.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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