Is the marriage of a divorced woman valid despite her guardian's lack of knowledge and his refusal of the marriage, even if all the Sharia conditions are met and a righteous man is appointed to solemnize the marriage contract?
If the guardian prevents a woman from marrying a suitor who is her equal and whom she accepts, he is considered an oppressor ('aadil), and she has the right to refer the matter to the judge to marry her off. However, a woman's marriage without her guardian is invalid according to the majority of scholars, as long as she has a righteous guardian or a Muslim judge. To validate the marriage, the contract must be renewed through the father. If he refuses, the matter is referred to the judge to marry her off. It should be noted that the judge's ruling resolves disputed issues, and that documenting the contract is essential to preserve rights.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Ftawy
- Original fatwa ID
- 129105
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- . 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