Is the marriage contract considered null and void if it was concluded in the United Kingdom by a Sharia judge and Muslim witnesses, with the consent of the 33-year-old woman, based on the Hanafi school and some Shafi'i schools that permit a minor to contract her own marriage? And does a divorce written on a paper in front of the father and brother, without the intention of divorce, constitute a divorce? And do the parents have the right to deprive the woman of her husband on the grounds of not liking his origin?
The majority of jurists hold that marriage without a guardian (wali) is invalid, citing the hadith: "There is no marriage except with a guardian and two just witnesses." Conversely, Abu Hanifa is of the opinion that a woman can marry herself, based on the verse: "{So do not prevent them from marrying their [former] husbands}." Marriage without a guardian is annulled by the majority, both before and after consummation. However, if a judge rules the contract valid or officiates it, it is not overturned, especially if the judge follows the Hanafi school of thought. In cases where there is a fear of corruption for the girl, the judge performs her marriage. Divorce is valid and reconciliation is permissible, and the father should not prevent the couple from marrying due to lineage.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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