What is the ruling on marrying a Dhimmi woman in a foreign country, in a mosque, without her guardian’s permission, but with two witnesses present, based on the hadith, “Any woman who marries without the permission of her guardian, her marriage is invalid”? And what is the ruling on some young people’s belief that a relationship with a girl and associating with her, with her family’s knowledge and in front of people, makes it legitimate?
A Muslim is not permitted to marry a non-Scripture-following disbeliever. If she is a Scripturalist, then it is permissible to marry her on condition of her chastity and the fulfillment of the conditions of marriage, such as the presence of a guardian (wali) and witnesses. Marriage is invalid without a guardian according to the majority of scholars. If a child results from this invalid marriage, he is attributed to his father if the latter believed the marriage to be valid. Cohabiting with a girl without a legitimate contract is considered explicit fornication (zina).
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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