Is a marriage contract concluded through offer and acceptance and public announcement between people, without a guardian or witnesses, valid in a foreign country? And is it considered adultery or does it result in illegitimate lineage?
The aforementioned marriage is invalid because of the absence of a guardian (wali) and witnesses, both of which are conditions for the validity of marriage. Separation is obligatory in this case, either through divorce () or annulment (). The absence of Muslims or a mosque known to you does not legitimize this marriage. This marriage is considered a doubtful union ( shubhah), not adultery (zina). If the couple wishes to continue, they must renew the contract, fulfilling the conditions of validity. If the woman does not have a Muslim guardian, then her guardian is those in charge of Muslim affairs, such as Islamic centers, or she may appoint a trustworthy Muslim man as her agent.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
Read the full answer on Ftawyhttps://ftawy.com/en/questions/134286
Where this answer came from
- Source platform
- Ftawy
- Original fatwa ID
- 134286
- Added here
- . This is when the answer was added to El Fatwa, not the fatwa's date.
- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
- Read the full answer on Ftawy