Does a man marrying a Turkish woman without consulting her guardian residing in Turkey, due to an inability to communicate, render the marriage invalid and unlawful throughout the seven-year duration of the marriage?
For a marriage to be valid, the permission of the woman's guardian (wali) is required. If it takes place without his permission, it is invalid according to the majority of scholars, who cite the Prophet's (peace be upon him) sayings: "Any woman who marries without the permission of her guardian, her marriage is invalid," and "There is no marriage except with a guardian." It is not permissible for a woman to marry herself, even if her guardian is absent or if the language is different, because the guardianship of an absent person is not severed, and a translator can be used. This invalid marriage has legal consequences such as the dowry (mahr) and the establishment of lineage for any children. An exception to this is if it is difficult for the woman to reach her guardian; in such a case, she may appoint a just person to marry her in the presence of two just witnesses, and the marriage would be valid, provided that the guardian's or ruler's location is not nearby and that reaching him is not easy given modern communication methods.
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