Is the marriage of a Muslim man to a Christian girl who has not reached the legal age of marriage in her country valid Islamically and legally? What is the ruling on her return after she has married another man? And is the girl considered an apostate after her return to her family who despise her Islam?
If the marriage contract (nikah) is concluded without witnesses or a guardian (wali), it is invalid. Witnessing is a condition according to the majority of scholars, while for the Malikis, it is sufficient at the time of consummation. The presence of the guardian or his representative is a pillar (rukn) according to the majority of scholars. If the witnesses are not two just men, the marriage is invalid. The woman is then considered a stranger (ajnabiyyah) and is permitted to marry after observing the 'iddah (waiting period). Marrying a woman from the People of the Book (Kitabiyyah) is not permissible except under specific conditions.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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