Is a marriage contract concluded without the presence of the guardian considered valid and legal, even with the guardian's knowledge and blessing of the marriage?
If there was an offer and acceptance between the father and the husband in the presence of two witnesses, then the contract is Islamically valid, and the father's absence from the official documentation of the contract does not affect it. However, if there was no offer and acceptance, and the official contract was the sole agreement without the presence of the father or his proxy, then the contract is invalid according to the majority of scholars, because it requires the direct involvement of the guardian or his proxy in the contract. To validate the contract, there must be an offer from the father and an acceptance from the husband in the presence of two witnesses, and it is not necessary to go to the notary public again.
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- 194829
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