Is it permissible to write a second marriage contract after a first marriage contract was concluded between a girl and a man without her family's knowledge? Is it necessary to annul the first contract or to ratify the second and cancel the first? Is there any prohibition in that?
Marriage is not valid unless its conditions for validity are met, the most important of which are the guardian (wali) and witnesses. If the marriage took place without the permission of the girl's guardian, it is void. Separation in such a case occurs through annulment () or divorce (). The contract must be renewed correctly if the spouses wish to continue. Whoever undertakes a marriage contract without the guardian's permission, while knowing that the guardian's permission is a condition, is sinful. If the guardian prevents the girl from marrying a suitable person without a legitimate reason, she has the right to refer her case to the judiciary for the judge to marry her off, or for a more distant guardian to marry her off, according to some scholars. Two witnesses with specific conditions are required for marriage; one witness is not sufficient.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Original fatwa ID
- 157403
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- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
- Read the full answer on Ftawy