Is my marriage to an Australian Muslim woman in Tunisia invalid, given that my family knew, I gave her a gold ring as mahr, and she said: "I marry myself to you"?
Marriage is contracted with its well-known pillars: a guardian for the woman, two just witnesses, and a formula indicating the contract. The condition of a guardian is the opinion of the majority of scholars. If the marriage takes place without a guardian but with two witnesses and a formula, it is valid according to Abu Hanifa and invalid according to the majority. It is considered binding if the spouses follow Abu Hanifa or if a judge rules it valid. However, if the matter is limited to the woman's statement "I marry myself to you" without witnesses, the marriage is not contracted, and cohabitation is considered fornication. Children born before a legitimate contract are attributed to the father if he believed in the validity of the marriage. The guardian can delegate someone to act on his behalf in marrying her off.
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.
- Read the full ruling
- Read the full answer on Ftawy