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The question

What is the ruling on a marriage concluded without the guardianship of the father who prevents his daughter from wearing the hijab, abandons her, and disowns her? And if the contract is invalid, should it be renewed, or is an offer and acceptance in the presence of two witnesses sufficient?

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Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

For a marriage to be valid, it must be contracted by the guardian (wali) or his agent. If the father withholds consent (adhl) or his guardianship is forfeited, it transfers to the next in line. If the contract has been ruled valid by a judge or was executed by him, it is not permissible to annul it. If the guardian subsequently ratifies a flawed marriage contract, the contract becomes valid according to some scholars. This applies especially with the passage of time and the presence of children. However, it is preferable to renew the contract in the presence of the guardian and two witnesses.

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Ftawy
Original fatwa ID
4872
Imported
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