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Is a marriage contracted by a girl who has no guardian due to her parents' disbelief and the absence of her legal guardian, and who agreed to the marriage herself according to the Hanafi school of thought with the assistance of a sheikh, considered a valid or void marriage, and what are the implications under the current circumstances?

1 min readAlso available in العربية

The condition of a guardian (wali) for marriage is a matter of scholarly disagreement. There is no sin upon one who acts according to the opinion of Abu Hanifa, following him. However, the ruling issued as fatwa is the majority opinion that a marriage without a guardian is invalid. Therefore, the contract must be renewed. The children from the previous contract are attributed to you because it was intercourse by way of misconception (waty shubha). The issue of a dissolute father acting as the marriage guardian is a matter of scholarly disagreement among jurists.

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

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