What is the ruling on the validity of the marriage of a previously married woman (thayyib) who marries herself without her guardian's (wali) permission, knowing that her guardians prevented her from marrying, and that this is done according to the Hanafi school of thought, as is customary in her town and in the Sharia courts in Egypt? And what is the ruling on a guardian permitting a woman to marry herself with his permission but without his presence at the marriage contract session?
The marriage of a woman without a guardian (wali) is invalid according to the majority of scholars, whether she is a virgin or previously married, and whether her guardian consented or not. Abu Hanifa disagreed, holding that a mature woman can marry herself off. Some scholars allow this provided her guardian consents. The prevalent opinion (mufta bihi) is the view of the majority, deeming marriage without a guardian invalid. However, if a woman marries without a guardian, following the Hanafi school of thought, or if a Muslim judge who considers it valid rules the contract to be sound, then the contract is valid.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
Read the full answer on Ftawyhttps://ftawy.com/en/questions/140629