Is the marriage contract valid if it was conducted by the paternal uncle acting as an agent for the absent father who had previously agreed to the engagement?
A Muslim must be cautious in marriage. A marriage contract is not valid unless the wife's guardian (wali) or his agent is present, based on the Prophet's (peace be upon him) saying: "Any woman who marries without the permission of her guardians, her marriage is invalid, invalid, invalid." This is the view held by the majority of scholars. Authorizing the marriage officiant (ma'dhun) or the wife's father as a representative, without the father himself being authorized by his guardian, is not valid. However, if the contract was concluded based on the of Abu Hanifa, which permits a mature woman to marry herself, and the marriage officiant relied on this opinion, then the marriage is valid according to this less preferred madhhab, and its effects are recognized. Nevertheless, we advise renewing the contract after fulfilling all its pillars and conditions, because the madhhab of the majority is that marriage without a guardian is not valid.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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