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Is the marriage valid if it was conducted with the pronouncement of khulʿ, with the testimony of one man and two women, and was not documented by the ma'dhun?

1 min readAlso available in العربية

The majority of jurists hold that a marriage contract is invalid without a guardian (wali) and two witnesses. Abu Hanifa, however, was of the opinion that a mature woman can contract her own marriage and that the contract is valid with the testimony of one man and two women.

If the marriage was conducted without a guardian, in accordance with Abu Hanifa's school of thought, then the marriage is valid.

It is permissible to act upon the opinion of some scholars regarding the validation of a marriage after a long period, especially if the husband has consummated it, for example, if she gives birth to two children from two pregnancies, or if a period of time has passed that allows for this.

To renew the contract as a precaution, it is sufficient for the guardian of the wife and her husband to exchange offer and acceptance in the presence of two witnesses.

The lineage of the born daughter is attributed to her father as long as the spouses believe the marriage to be valid, because the child of a فاسد (invalid/irregular) marriage, whether its invalidity is agreed upon or disputed, is attributed to the lineage of its father, and they inherit from each other by the consensus of Muslims.

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Ftawy
Original fatwa ID
171538
Imported
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Source text, unreviewed
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