What is the ruling on the marriage of a woman who appointed a شيخ (sheikh) to be her guardian - without his knowledge and under a pseudonym - despite the presence of her father? Is this marriage considered valid, and must she observe the 'iddah (waiting period) or can she marry another man if the marriage has not been consummated?
A girl's marriage contract is not valid except with her guardian, who is her father. Guardianship does not transfer from him except in the case of obstruction ( adl ), in which case guardianship transfers to the judge.
If the contract was performed by a sheikh in the presence of the father, without the father's obstruction, then the marriage is invalid. If the husband believes his marriage to be valid, his divorce is effective. If he has not consummated the marriage with her, she has no (waiting period). If he had a proper private seclusion ( khulwah sahihah) with her, she must observe the iddah.
It is not permissible for her to marry another man until her first husband divorces her.
Summarized from the full answer at Ftawy · imported
Read the full answer on Ftawyhttps://ftawy.com/en/questions/149233
Where this answer came from
- Source platform
- Ftawy
- Original fatwa ID
- 149233
- Imported
- Translation status
- Source text, unreviewed
- Read the full ruling
- Read the full answer on Ftawy