Is the aforementioned 'urfi' marriage valid and legitimate in the sight of Allah, and is it forbidden to not have children due to special circumstances?
Source: FtawySummary from Ftawy's records · added here Sep 2, 2026
The majority of scholars are of the opinion that marriage without a guardian (wali) is invalid, and this is the relied-upon view. Accordingly, this woman must be divorced immediately due to the invalidity of the marriage. If you wish to marry her validly, it must be through her guardian. If the guardian refuses to marry her to you while you are a suitable match, she has the right to refer the matter to the judge.
However, if you contracted the marriage with the woman believing in its validity, following the of Abu Hanifa, then your marriage is valid.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
Read the full answer on Ftawyhttps://ftawy.com/en/questions/135829
Where this answer came from
- Source platform
- Ftawy
- Original fatwa ID
- 135829
- Added here
- . This is when the answer was added to El Fatwa, not the fatwa's date.
- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
- Read the full answer on Ftawy