Is the guardian a condition for marriage, and what are the conditions for the validity of marriage, and is uncertified marriage permissible and how is it done, and is intention sufficient to legalize this marriage, and is the presence of a sheikh required for the marriage contract, and is it a condition for the witnesses to be known or can they be of another nationality?
The conditions for the validity of marriage include the presence of a guardian (wali). An urfi marriage is not valid if it is merely an agreement without the guardian's permission and witnesses. Writing and documenting the contract ensures rights, but it is not a condition for the validity of the marriage (). It is stipulated that the witnesses must be Muslim and upright (adul). Good intentions alone do not make a marriage lawful if the conditions and pillars are not met. Announcing the marriage (nikah) is recommended. The man should be treated as a stranger until the legal contract is concluded, while adhering to Islamic manners in speech, seclusion, and . One should say "Allah Almighty willed" instead of "destiny willed."
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Ftawy
- Original fatwa ID
- 92201
- 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.
- Read the full ruling
- Read the full answer on Ftawy