Do the woman or her guardian have the right to waive the conditions stipulated by the guardian to the suitor during the marriage contract?
Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 2026
If the woman is a previously married woman (thayyib), she has the right to waive the conditions of her guardian. Her guardian is not permitted to waive her conditions except with her permission, based on the Prophet's (peace be upon him) saying: "A previously married woman has more right over herself than her guardian." However, if she is a virgin, she is not permitted to waive the conditions of her guardian. The guardian is permitted to waive her conditions if he is her father or appointed guardian (wasi), otherwise not.
Summarized from the full answer at Ftawy · imported
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- Ftawy
- Original fatwa ID
- 47733
- Imported
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