Is the marriage of a 42-year-old divorced woman, who married without the knowledge of her guardian (wali), valid or void, and considered fornication (zina), knowing that she was in need of marriage, and that her husband refuses to meet her guardian or divorce her?
It is not permissible to marry off a woman without a guardian (wali) according to the majority of scholars, and this is the relied-upon opinion for . If the closest guardian refuses to marry her off without a valid reason, the guardianship transfers to the next distant relative, or to the ruler (Sultan). If the marriage takes place without a guardian, the relied-upon opinion with us is that it is not valid, and it must be rectified with a new contract in the presence of the guardian and witnesses. However, if you both married without a guardian, believing in the validity of the marriage, in imitation of the Hanafi school of thought, then there is no need to renew the contract.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Ftawy
- Original fatwa ID
- 187658
- 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