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What is the ruling on the children of a Muslim woman who recently married a Muslim born into Islam, with the marriage conducted at the German consulate in the presence of non-Muslim witnesses and a non-Muslim scribe, knowing that the marriage was without a guardian (wali)? And what should they do? And can you provide a brief overview of the ruling on marriage in Western consulates and valid marriage for the purpose of legalizing documents?

1 min readAlso available in العربية

The marriage mentioned is invalid for more than one reason, including: that the witnesses are disbelievers (kafirs), and their testimony is not valid in marriage, and its occurrence without the presence of the wife's guardian (wali) or his representative. The couple must separate immediately until they renew the marriage contract with its correct pillars. As for the children, they are attributed to this husband if he believed in the validity of the marriage. If the marriage takes place in the consulate of a disbelieving country without the presence of the woman's guardian or with the testimony of a disbeliever, then it is an invalid marriage. However, if it is merely for documentation after a valid contract, there is no harm in it.

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

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