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The question

Is a marriage valid in which the proposal and acceptance between the groom and the bride's guardian took place over the phone, and then the guardian was absent from the marriage ceremony, and his place was taken by the husband of the bride's mother, and the marriage was concluded in his presence and with witnesses, knowing that the guardian had previously given his approval for the marriage?

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

The presence of a guardian (wali) and witnesses is a prerequisite for marriage. If the offer and acceptance between you and the girl's father took place without the presence of witnesses, the marriage is invalid according to the majority of jurists, contrary to the Maliki school.

As for the contract that took place through her stepfather, if he is not one of her guardians, then it is a marriage without a guardian. If he is a distant guardian, and there is a closer one, then there is a jurisprudential dispute regarding this matter. The closer guardian's failure to answer the phone does not justify marrying her without him.

We advise presenting the matter to the Sharia court, as a judge's ruling resolves disagreements in matters of ijtihad (independent reasoning). It is obligatory to refer to people of knowledge before taking any action, as the default rule regarding private parts is prohibition, and caution must be exercised in this regard.

Summarized from the full answer at Ftawy · imported

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Ftawy
Original fatwa ID
188242
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