Is the marriage considered void if it was conducted with consent and witnesses but without a guardian, and then the guardian approved it after a period?
The majority of jurists hold that it is not permissible for a woman to marry without the permission of her guardian (wali), whether she is a virgin or previously married, based on the saying of the Prophet, peace and blessings be upon him: "Any woman who marries without the permission of her guardian, her marriage is invalid." Therefore, a woman's marriage without the permission of her guardian is invalid, and it must be renewed with the guardian's consent, along with the availability of the other pillars of marriage. This marriage becomes valid and enforceable if a judge rules it to be valid, or if it was performed in imitation of Imam Abu Hanifa. The guardian's consent after the marriage contract does not make it valid.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Original fatwa ID
- 129721
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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