Is the marriage of a woman without the guardianship of her father, or the next in line after him, invalid in her case?
Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 2026
The guardian is a condition for the validity of marriage according to the majority of jurists, and this is the preponderant opinion. Based on this, a marriage without a guardian is invalid and must be annulled. The Hanafis, however, hold that marriage without a guardian is valid. If the contract was concluded in imitation of Abu Hanifa's , it is valid and does not need to be annulled. It is important to note that the guardian is not permitted to prevent his ward from marrying a suitable match. If he prevents her without a legitimate excuse, she has the right to refer her case to the Sharia judge.
Summarized from the full answer at Ftawy · imported
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- Original fatwa ID
- 135638
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