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The question

Is the marriage considered valid if the contract was concluded in another country by a شرعي (Sharia-compliant) registrar, with agents and witnesses, and with the knowledge and blessing of the wife's guardian who was absent from the contracting session? And is it permissible, according to Sharia, to enact laws that make marriage difficult?

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

For the marriage contract to be valid, the guardian (wali) is a prerequisite. However, the guardian's physical presence is not required; he may delegate another Muslim to act on his behalf.

If the man who performed the contract was not delegated by the guardian, then this contract is void and must be annulled. If the couple wishes to continue their marital life, the contract must be renewed in the correct manner.

What is considered in compatibility is religion and character. Rejecting a suitor due to differences in nationality or similar reasons has no religious validity.

Documenting the contract is not a condition for the validity of the marriage; rather, it is an important means to ensure the preservation of rights.

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Where this answer came from
Source platform
Ftawy
Original fatwa ID
127160
Imported
Translation status
Source text, unreviewed
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