Is a woman considered sinful if she marries on her own after reaching the age of 21 with the consul's approval, especially since she has a child from this marriage, knowing that her country's madhhab (school of thought) prohibits this, and her previous attempts at a legitimate marriage failed?
The majority of scholars hold the view that marriage without a guardian (wali) is invalid. However, if the marriage was conducted in accordance with the of Abu Hanifa, which permits a free, mature woman to marry herself off, then the contract is valid, and there is no sin upon you. The child born from this marriage is attributed to the lineage of his father, even according to those who deem this marriage invalid. Although the relied-upon stipulates the guardian as a condition for the validity of the marriage, it is advisable to renew the Islamic marriage contract through the guardian (father). If the father refuses to marry her off without a valid reason, the guardianship transfers to the next in line, such as the brother.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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