What is the ruling regarding a woman's marriage without her family's approval, given that the conditions of the contract and the presence of witnesses were met, and her family later approved the marriage which resulted in the birth of a daughter?
There is a disagreement among scholars regarding a marriage contract without a guardian (wali). The (religious edict) invalidates it, except in two cases: if a ruler who believes in its validity officiates the contract, or if someone else officiates it and then a judge rules it to be valid. In the absence of these two conditions, the contract must be renewed with the permission of the guardian or his representative, and in the presence of two just witnesses. The guardian's consent to an invalid contract does not validate it; rather, it must be renewed. Renewing the contract does not require an ' (waiting period) if the husband is the same person. The daughter born from such a marriage is attributed to her father because the marriage was entered into with the belief of its validity.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
Read the full answer on Ftawyhttps://ftawy.com/en/questions/80089
Where this answer came from
- Source platform
- Ftawy
- Original fatwa ID
- 80089
- 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
- Read the full answer on Ftawy