Is it valid to conclude a marriage contract with a girl in her twenties without the knowledge and consent of her guardian, especially if the contract was concluded in a court that does not rule according to what Allah has legislated concerning marriage matters, and it was later revealed that the girl was under sorcery and refused the engagement after her Ruqyah?
The majority of scholars hold that a marriage contract without a guardian (wali) is invalid, citing the Prophet's (peace be upon him) sayings: "Any woman who marries without the permission of her guardian, her marriage is invalid," and "There is no marriage except with a guardian and two just witnesses." If the contract was concluded while the girl was unconscious due to magic, then the contract is invalid by consensus, and it is not valid even if a judge officiated it, because guardianship belongs to the guardian, and the matter does not transfer to the judge unless the guardian's withholding (from marriage) is proven. The girl should not despair of Allah's mercy, for contentment with Allah's decree is best. It is not permissible to wish for death, or to seek to be killed, or to commit suicide, because these are among the gravest sins. She must adhere to the lawful hijab and avoid mingling with non-mahram men.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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