Is it permissible for a divorcée living in a country other than her own to enter into a secret Urfi marriage without a guardian and with only two witnesses, and with no documentation of rights?
Legitimate marriage has conditions and pillars without which it is not valid, and among them is the wali (guardian). A woman is not permitted to marry without a wali. The wali for a woman in marriage is, in order of precedence: her father, then her grandfather, then her son, then her full brother, then her half-brother (from the father's side), then their sons, no matter how far down the lineage, then the paternal uncles. If her wali is absent, he may appoint another. If she has no wali, then the judge is the wali for those who have no wali. Documenting marriage in this era has become an urgent necessity, as its absence leads to great corruption and the loss of serious legitimate rights.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Ftawy
- Original fatwa ID
- 134601
- 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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