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Is it permissible for a widowed woman to marry عرفيًا (through an unregistered customary marriage) without the knowledge of her brothers and children, especially if the purpose is chastity and to avoid sin, with the agreement to establish the marital home in another country, and for the husband to visit for two or three days a week?

1 min readAlso available in العربية

The majority of scholars consider a marriage without a guardian (wali) invalid, whether the woman is a virgin or previously married, and this is the prevailing fatwa. It is also favored that the son takes precedence in guardianship over brothers. Ibn Qudamah mentioned the order of guardians in "Al-Mughni." A guardian is not permitted to prevent his ward from marrying a suitable match. If he does, the guardianship transfers to the next in line or to the legitimate judge. Therefore, marriage without a guardian is not permissible. Her mature son should act as her guardian, otherwise, the next in line according to the order of guardians, then the judge. The marriage contract must be documented in courts to preserve rights.

Summarized from the full answer at Ftawy · reviewed Sep 2, 2026

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