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The question

Is the marriage contract of a girl valid if it was conducted by her grandfather without her father's knowledge, and she was unwilling but later affirmed the marriage after a long period of consummation? What is the ruling on the period during which she was unwilling to marry? Does the grandfather have the right to marry her off without her father's knowledge? And what is incumbent upon them after many years have passed since this marriage?

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Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20262 min readAlso available in العربية
The answer

For a marriage to be valid, it must be solemnized by the guardian (wali) or his agent, based on the Prophet Muhammad's (peace be upon him) saying: "There is no marriage except with a guardian and two just witnesses," and his saying: "Any woman who marries without the permission of her guardian, her marriage is void." The closest guardian for a woman is her father, then her grandfather, then her son, then her full brother, and so on.

It is not permissible for a more distant guardian to marry off a woman if the closer guardian is present and able to attend or appoint an agent. If the closest guardian is absent in a disconnected absence (according to its jurisprudential definition, which has evolved with the development of communication methods), scholars differ on the permissibility of a more distant guardian marrying her off. Some scholars permit it if the absence involves difficulty and hardship in connecting, or if there is a fear of losing a suitable suitor.

For a marriage to be valid, the consent of both spouses is required. No guardian other than the father has the right to compel a virgin, who has reached puberty and is of sound mind, to marry. Similarly, the predominant view is that the father also does not have this right; rather, her permission must be sought, based on the Prophet Muhammad's (peace be upon him) saying: "A non-virgin woman should not be married until her consent is sought, and a virgin should not be married until her permission is sought."

Based on this, if the father was not absent in a way that made it difficult to reach him, and he refused the marriage when he became aware of it, and the wife was unwilling during the marriage contract, then the marriage contract must be renewed. If there are children, they are attributed to their father because he entered into the marriage contract believing it to be valid.

Guardians must fear Allah and not marry off a woman to someone she does not consent to, and they must observe the limits set by Allah.

Summarized from the full answer at Ftawy · imported

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Source platform
Ftawy
Original fatwa ID
5180
Imported
Translation status
Source text, unreviewed
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