What should a woman do concerning the lineage of her daughter, who was born after her divorce from an unregistered marriage without a guardian, and the father of the child refuses to acknowledge her lineage to him?
For a marriage to be valid, it must be contracted by the woman's guardian (wali) or his agent, in the presence of two witnesses, based on the Prophet's (peace be upon him) saying: "There is no marriage without a guardian," and his saying: "Any woman who marries without the permission of her guardian, her marriage is invalid." A marriage without a guardian is a فاسد (corrupt/invalid) marriage. However, a child born from such a marriage is attributed to the husband due to a difference of opinion among jurists. It is advised to refer the matter to a reconciliation committee for resolution.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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