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The question

Is granting a judge permission for a minor girl (16.5 years old) to marry, after her consent to the marriage—where the girl authorizes the signing of the marriage contract with the young man at the municipality—considered a valid Islamic contract, knowing that the approval in court was not in the form of offer and acceptance, and that the girl’s guardian and the young man had agreed, and the form of offer and acceptance was performed later in the Islamic contract with the Imam and in the civil contract at the municipality?

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

The judge's approval for the marriage of a minor does not substitute for the offer and acceptance between the guardian and the husband, and the presence of two witnesses, which are two essential conditions for the validity of the marriage. Some scholars, like Ibn Taymiyyah, hold the view that a marriage is valid if it is considered a marriage by people according to their custom, including circumstantial evidence. The fundamental principle for the contracts of Muslims is validity unless proven otherwise. It is advisable to consult a knowledgeable scholar directly to clarify the details.

Summarized from the full answer at Ftawy · imported

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Where this answer came from
Source platform
Ftawy
Original fatwa ID
188312
Imported
Translation status
Source text, unreviewed
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