Is a marriage contract considered valid if it was concluded without the guardian's consent due to his obstinacy and unjustified refusal, but with the presence of two witnesses and a dowry, followed by a civil marriage, given that the father neither prays nor fasts?
The majority of scholars hold the view that marriage without a guardian (wali) is invalid, and this is the authoritative opinion (mufta bihi). However, if the marriage was conducted in accordance with the school of Abu Hanifa, which permits a free, mature woman to marry herself off, then the contract is valid. It is recommended to renew the marriage contract through the woman's guardian in the presence of two witnesses. If the father is not fit for guardianship or obstructs the marriage without a valid reason, then guardianship transfers to the next in line among the guardians, such as the brother or the ruler (sultan). The woman should advise her father to maintain prayer and fasting, warn him of the consequences of neglecting them, and treat him with dutifulness without severing ties.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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