Is the marriage considered void if the wife's guardian does not believe in ruling by Islam?
For the validity of the marriage (nikah), it is stipulated that it be solemnized by the Muslim guardian (wali) of the woman, based on the Prophet’s (peace be upon him) sayings: "There is no marriage except with a guardian" and "There is no marriage except with a guardian and two just witnesses." There is no guardianship for a disbeliever over a Muslim woman, by the consensus of the scholars. A ruling of disbelief (kufr) against a secular Ba'athist is not made until the conditions are met and impediments are absent, such as being an adult, acting voluntarily, and having the conclusive prophetic evidence (al-Hujjah al-Risaliyyah) established against him, which renders its rejector a disbeliever. If the father was aware that secularism and Ba'athism are disbelief, then he is a disbeliever, and the marriage contract is invalid according to the majority of scholars, and it must be renewed through her Muslim guardian, unless it was ruled upon by a Sharia judge, in which case it is not annulled. However, if he was ignorant, he does not become a disbeliever, the contract is valid, and your children are attributed to you.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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