Is the marriage contract of a girl valid if it was concluded without her father's knowledge, and she was unwilling, then she became content with it after a period of cohabitation? What is the ruling on the period prior to her contentment? Is it permissible for the grandfather to marry off his granddaughter without her father's knowledge? What is incumbent upon them now, after many years have passed since this marriage?
For a marriage to be valid, the consent of both spouses and the woman's guardian is required. It is not permissible for the father or anyone else to marry off an adult, sane woman without her permission, based on the Prophet's (peace and blessings be upon him) saying: "A non-virgin woman has more right to herself than her guardian, and a virgin woman's permission should be sought for herself, and her permission is her silence." If a woman is married without her consent, her marriage is invalid.
Therefore, if the contract was made without the wife's consent and without her guardian (the father), the contract is invalid. To rectify it, the contract must be re-concluded with the wife's consent and the father's approval, with the father saying to the groom, "I give you my daughter in marriage," and the groom saying, "I accept," and in the presence of two witnesses, along with an agreement on a dowry that the wife accepts. The previous period before the valid contract is pardoned by Allah, and the children from it are legitimate due to the belief in the validity of the initial contract.
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- Original fatwa ID
- 6233
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