Is it possible to complete a marriage to a foreign woman according to the Sunnah of Allah and His Messenger with only two witnesses and a sheikh, or is more than that required?
According to the majority of scholars, a marriage is not Islamically valid for a woman without a guardian (wali). Her guardians, in order, are: the father, then the grandfather, then the son, then the full brother, then the half-brother (from the father's side), then their sons, then the paternal uncles. If there is no guardian, or if he is not qualified, then the Muslim judge is the one who marries her, based on the saying of the Prophet, peace be upon him: "The ruler is the guardian of he who has no guardian." If there are no courts, Islamic centers take their place. And if there is no guardian, legitimate judge, or Islamic center available, then a just man may marry her with her permission.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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