Is the marriage contract Islamically valid if it was conducted without a guardian (wali) for a Muslim woman who converted to Islam while her family remained Christian, knowing that her parents approved of the marriage, that the marriage took place in the presence of witnesses, and that the mahr (dowry) was paid? And what should the spouses do if the contract is invalid, considering that 10 months have passed since the marriage?
Source: FtawySummary from Ftawy's records · added here Sep 2, 2026
Most scholars stipulate the guardian (wali) for the validity of the marriage, so a woman cannot marry herself. A contract without a guardian is invalid according to most scholars, and its rectification requires renewing the contract through the woman's guardian and in the presence of two witnesses. It is not permissible for a non-Muslim to act as guardian for the marriage of a Muslim woman. If the woman is Muslim and her family is non-Muslim, the Islamic judge (qadi) should marry her. If there is no such judge, then a just Muslim man may marry her with her permission.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
Read the full answer on Ftawyhttps://ftawy.com/en/questions/194794
Where this answer came from
- Source platform
- Ftawy
- Original fatwa ID
- 194794
- 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