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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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The ruling on a woman marrying without the permission of her guardian

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Question:
Praise be to Allah, and may peace and blessings be upon the Messenger of Allah, and upon his family and his Companions, and whoever follows them. The questioner says: A Muslim woman from a Muslim family, residing in France, traveled to Britain for work. She married a Muslim there in the presence of the mosque committee, without the permission of her guardian, because he had left the family when they were young. A month after her marriage, she informed her eldest brother, and he approved of her marriage. Then she informed her father after she had given birth to two sons, and he approved of this marriage. It was said to her that this marriage is invalid, and that the two sons are children of fornication. The question is: What is the ruling on this marriage? And what must she do?

Answer:
The guardian is a condition for the validity of the marriage contract; the guardian is required. The Prophet (peace and blessings be upon him) said:
There is no marriage except with a guardian.لا نكاح إلا بولي
Sunan Ibn Majah 1880Sahih (Darussalam)
And he said:
Allah's Messenger (ﷺ) said: "If anyone married without the consent of her guardian, her marriage is invalid.صلى الله عليه وسلم أيما امرأة نكحت بغير إذن وليها فنكاحها باطل،
Bulugh al-Maram 8:17
So this contract is invalid, and she was wrong in this. However, the matter is easy in this case, because the contract can be renewed. If her guardian is pleased, he renews the contract for her. What has passed is considered a marriage of doubt (shubhah), and the children are attributed to it. The children are his children because it is a marriage of doubt, and a marriage of doubt attributes the children to their father. But they must hasten to renew the contract under the hand of the guardian.
Source قناة «العلامة الدكتور صالح الفوزان»، ما الحكم إذا تزوجت المرأة بدون إذن وليها؟ وما الحكم إذا أقر الولي الزواج بعد العقد؟ للشيخ الفوزان — youtube.com

The Arabic text is a machine transcription of the audio recording.

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