Is an urfi marriage valid and permissible with the mother's consent if the guardian is corrupt and a sexual abuser of his daughter?
The conditions for a valid Islamic marriage include the presence of a guardian (wali). Marriage of a man to a woman without her guardian's consent is invalid according to the majority of scholars. However, divorce in such an invalid marriage is considered an irrevocable (bain) divorce. The mother is not a guardian for her daughter's marriage. Guardianship belongs to the agnates (male relatives on the father's side) in the following order: the father, then the paternal grandfather, then the son, then the brothers, then the paternal uncles. If a righteous guardian is absent or loses his eligibility, the Muslim judge (Qadi) may solemnize her marriage with her permission.
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Reviewed by El Fatwa's sharia committee.
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