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Is a marriage that took place in court without the knowledge or consent of the family, and was then followed by the forced consent of the guardian, considered Islamically valid or void?

1 min readAlso available in العربية

It is not permissible to marry a woman except with the permission of her guardian. The majority of scholars hold the view that a marriage without a guardian is invalid and incorrect, based on the Prophet's (peace be upon him) saying: "There is no marriage except with a guardian," and also his saying: "Any woman who marries without the permission of her guardian, her marriage is invalid."

However, the Hanafis have held the view that a marriage without a guardian is valid. If a Muslim is in a country that follows the Hanafi school of thought, and the marriage contract was concluded based on this, then its validity is affirmed at that point, and the court's ruling is not overturned.

Therefore, the marriage is deemed valid. Repentance is due, and the wife's father should be appeased. It is preferable to renew the contract with the father overseeing the marriage in the presence of two just witnesses.

Summarized from the full answer at Ftawy · reviewed Sep 2, 2026

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