What is the ruling on a documented marriage contract that was concluded with a guardian who is not a relative, knowing that the relatives were aware and consented? And what is the solution if the contract is invalid?
It must be noted that orphanhood ceases upon reaching puberty. Marriage requires the direct involvement of the guardian in the marriage contract or his authorization, except according to the Hanafis. The guardian may be from among the general Muslim populace, and such a marriage is invalid according to those who stipulate guardianship in marriage. However, the Malikis consider the marriage performed by a common Muslim valid if the husband has consummated the marriage and a long time has passed, or in cases of ignominy. It is safer to renew the contract to resolve the differing opinions.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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