Is the aforementioned 'Urfi marriage, with the parents' refusal and the daughter's consent, permissible or forbidden?
Marriage without the guardian's (wali's) permission is Islamically invalid, as the Prophet, peace and blessings be upon him, said: "There is no marriage except with a guardian." A foster brother is not among the guardians. Moreover, it is not permissible for a more distant guardian to conduct the marriage contract if a closer guardian exists and is not preventing the marriage (through unjustified withholding). This marriage is considered a "marriage of شبهة (doubt/suspicion)," which prevents the Hadd punishment and legitimizes any offspring. To renew the contract, the guardian's permission is necessary. If the guardian does not consent, the matter should be referred to the judge.
The first husband should only be mentioned with good words, for he has gone to meet his Maker. And whoever conceals a Muslim's fault, Allah will conceal his fault on the Day of Resurrection.
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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