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The question

How sound is a marriage if the legal guardian does not solemnize it, even if he is present and consents to the marriage? And what are the implications of that?

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Source: FtawySummary from Ftawy's records · added here Sep 2, 20261 min readAlso available in العربية
The answer

A woman's marriage without a guardian (wali) is invalid according to the majority of scholars, differing from Imam Abu Hanifa. The guardian has the foremost right to marry off the woman. If the closer guardian authorizes another to perform the marriage, there is no issue. However, if he does not authorize him but is content and not opposed, the contract is valid. Scholars have differed on the issue of whether a more distant guardian can عقد (contract) the marriage when a closer guardian is available. Some consider the marriage invalid, some deem it suspended until ratified by the closer guardian, and others permit it if there is no dispute between them. It is necessary to clarify the condition of a guardian for the validity of marriage and to advise presenting the matter to scholars.

Summary from Ftawy's records · added here

Reviewed by El Fatwa's sharia committee.

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Where this answer came from
Source platform
Ftawy
Original fatwa ID
114497
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.
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Read the full answer on Ftawy