What is the ruling on a previously married woman marrying under the guardianship of her brother without informing her father and without full public announcement? Is the brother's guardianship valid, and is it permissible for the brother to appoint someone to complete the contract?
The preponderant opinion is that it is not permissible for the brother to conduct the marriage as long as the father is present. However, if the father is in another country, he may authorize the brother or someone else to conduct the marriage of his daughter. Similarly, it is permissible for the groom to authorize someone to accept the marriage on his behalf in the bride's country, or for the guardian to authorize someone else to perform the marriage in the groom's country. If the marriage is conducted through the guardian in the presence of two witnesses, without publicizing it, it is valid according to many scholars. Ibn Qudamah said: "If he contracts it with a guardian and two witnesses, and they conceal it, or agree to keep it secret, that is disliked, but the marriage is valid."
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Ftawy
- Original fatwa ID
- 190339
- 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
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