Is it religiously permissible for a man in one country to marry a woman in another, with the civil contract being postponed until conditions are settled and they return to their home country, knowing that the woman's legal guardian (wali) has passed away? If so, is it permissible for the imam of the mosque to be her guardian?
It is permissible for you to marry this woman residing in another country, provided she has a guardian (wali). The guardian is a condition for the validity of the marriage according to the majority of jurists, and there is no difference between a virgin and a non-virgin. The woman's guardians are her male agnatic relatives (asabah) on her father's side, according to the jurisprudential order. If there are no closer agnates, then her paternal cousins are her guardians, and they can delegate others.
If it is impossible to reach the guardians, the guardianship transfers to the Sultan (the legitimate ruler or his representative, such as a judge or Islamic centers). If these are not available, then she can delegate the Imam of the mosque or any other Muslim.
If a guardian exists, you can appoint someone to act on your behalf in her country to accept the marriage contract, and your presence is not required. Justice (adalah) is not a condition for the guardian, according to the preponderant opinion.
A Muslim should strive to marry a woman of good character and religious commitment. It is preferable to marry a virgin unless there is a strong benefit in choosing a non-virgin, while not delaying marriage as much as possible.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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