What is the ruling on a marriage that took place between a sister and a Muslim man in Tunisia without the knowledge of the family or parents, and is it considered permissible (halal) or forbidden (haram), and what is the solution if it is forbidden?
For a marriage to be valid, it must be contracted by the woman's guardian (wali) or his agent. A woman cannot contract her own marriage, based on the Prophet's (peace be upon him) saying: "There is no marriage except with a guardian," and his saying: "Any woman who marries without the permission of her guardian, her marriage is invalid." The woman's guardian is: her father, then his father (paternal grandfather), then her son, then his son, then her full brother (from both parents), then her half-brother (from the father's side only), then their sons, then her paternal uncles, then their sons, then the ruler.
This is the view of the majority of jurists, and it is the correct one, consistent with the texts. The Hanafis, however, hold that a marriage is valid without a guardian.
If a judge rules on the validity of a contract that was concluded without a guardian, his ruling is not to be overturned, and its validity is upheld to avoid discord. As a precautionary measure, if the father approves of the marriage, the woman should ask her husband to re-contract the marriage with her father, so that it may be valid without any doubt.
Summarized from the full answer at Ftawy · imported
Read the full answer on Ftawyhttps://ftawy.com/en/questions/5662
Where this answer came from
- Source platform
- Ftawy
- Original fatwa ID
- 5662
- Imported
- Translation status
- Source text, unreviewed
- Read the full ruling
- Read the full answer on Ftawy