Back to search
The question

What is the ruling on the aforementioned marriage contract that was concluded without a guardian and without specifying the value of the dowry, knowing that the wife is Salafi and embraced Islam 9 years ago, and that this is the established practice judicially in Egypt?

Share this answer

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

The majority of scholars hold that a guardian (wali) is a condition for the validity of marriage. Therefore, if a woman marries without a guardian, her marriage is invalid. If she does not have a suitable guardian, the Muslim judge marries her, based on the Prophet's (peace be upon him) saying: "So the ruler is the guardian of whoever has no guardian." If a Muslim judge is unavailable, it is permissible for a Muslim man to marry her with her permission. Accordingly, if the woman has a Muslim guardian or a Muslim judge, the contract facilitated by the marriage officiant (ma'dhun) is legally void, and the contract must be rectified by a guardian from her agnates or the religious judge. If the woman's son is an adult, he may marry her, and some scholars validate the marriage conducted by a discerning minor son.

Summarized from the full answer at Ftawy · imported

Read the full answer on Ftawy
Where this answer came from
Source platform
Ftawy
Original fatwa ID
145619
Imported
Translation status
Source text, unreviewed
Read the full ruling
Read the full answer on Ftawy