Is the marriage of a Muslim man to an American Muslim woman, in the presence of two witnesses, with the consent of both parties, and the writing of a contract between them, without the presence of her non-Muslim guardian, considered Islamically valid?
Marriage has conditions without which it is invalid, the most important of which is the wali (guardian). If the marriage is not with the guardian's permission, it is invalid according to the predominant view of jurists. Misyar marriage is only valid if these conditions are met. A girl marrying herself does not make the marriage valid. Therefore, the marriage must be annulled, and the contract renewed in the correct manner. If she does not have a Muslim guardian to marry her, a Shar'i judge takes his place in marrying her. If no judge is available, she appoints a just Muslim man as her representative. We advise treating her kindly, teaching her matters of her religion, being a good role model for her, and striving to immigrate with her to a Muslim country if possible.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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