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The question

Is the aforementioned common-law marriage (zawāj ‘urfī) Islamically valid, taking into consideration that it was conducted without the parents’ knowledge and the groom’s friend, an imam, was appointed to solemnize the marriage?

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Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

The majority of scholars hold the view that a woman's marriage without the permission of her guardian (wali) is invalid, whether she is a virgin or previously married, based on the Prophet's (peace be upon him) saying: "Any woman who marries without the permission of her guardian, her marriage is invalid."

Therefore, your marriage without your guardian's consent is invalid according to the majority, and the following consequences arise:

1. If you wish to renew the marriage with the same husband, your most rightful guardian must marry you off. His physical presence is not a condition; rather, he can deputize someone to perform the marriage. 2. To renew the contract with the first husband, it is sufficient to simply renew it without the need for annulment or divorce. 3. If you wish to marry another person, the first marriage must be annulled or a divorce must take place.

However, this marriage becomes valid if a Sharia judge rules it to be so, or if you performed it in emulation of Imam Abu Hanifa. Documenting and officially registering the marriage is not a condition for its validity, although it is preferable to document it to safeguard rights.

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Ftawy
Original fatwa ID
126158
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