Is a marriage contracted without the mother's consent, with the knowledge of strangers, in the absence of a guardian, and with a person of ill repute, considered legitimate or fornication?
If a woman marries without the permission of her guardian (wali), her marriage is invalid, according to the Prophet Muhammad (peace be upon him) who said: "Any woman who marries without the permission of her guardian, her marriage is invalid, her marriage is invalid, her marriage is invalid." She must repent, seek forgiveness from her mother, and immediately separate from the man until the marriage contract is renewed with its proper conditions and pillars. The previous contract without a guardian is not considered zina (fornication), but rather intercourse by way of شبهة (shubhah - misconception/doubt), which entails the establishment of lineage and a mahr al-mithl (dowry of her peers).
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Original fatwa ID
- 74823
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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