Is my marriage contract valid, in sharia, if it was conducted in court with the bride's father present as a witness, but he did not go with her before the judge, knowing that the contract took place in Iraq and according to the Hanafi school of thought?
The questioner criticizes the method of documenting marriage contracts in some countries that adopt the Hanafi school of thought, pointing out that this school does not stipulate the need for a wali (guardian) for a woman in marriage, which contradicts the Qur’an and , and emphasizes the invalidity of marriage without a wali. However, he believes that the ruler's decree validates the contract if scholars differ on its validity, to prevent disorder. He suggests to the questioner, as a precautionary measure, to ask his wife's father to renew the contract by saying: "I give you my daughter in marriage," and for the questioner to say: "I accept," and to suffice with the previous documentation.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Original fatwa ID
- 6158
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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