Is the marriage of a woman without the guardianship of her father, or the next in line after him, invalid in her case?
Source: FtawySummarized from the full answer at Ftawy · reviewed Sep 2, 2026
The guardian is a condition for the validity of marriage according to the majority of jurists, and this is the preponderant opinion. Based on this, a marriage without a guardian is invalid and must be annulled. The Hanafis, however, hold that marriage without a guardian is valid. If the contract was concluded in imitation of Abu Hanifa's madhhab, it is valid and does not need to be annulled. It is important to note that the guardian is not permitted to prevent his ward from marrying a suitable match. If he prevents her without a legitimate Sharia excuse, she has the right to refer her case to the Sharia judge.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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