The Ruling on Customary Marriage and the Condition of the Guardian

The questioner:
Regarding another matter, Shaykh, concerning the customary marriage that was asked about at the beginning of the lecture. I think one of its main pillars, I think one of its main pillars, is the lack of knowledge of the guardian in this matter.

The Shaykh:
The guardian is necessary; the contract is not valid except with a guardian, two witnesses, and the consent of both spouses to each other.

The questioner:
What I know, and I asked some of the Egyptian brothers present here because it is widespread in Egypt, is that it is well known that it is not registered and the guardian is not consulted in this matter.

The Shaykh:
If its conditions are met, it is valid from the perspective of the Shari'ah, but from the perspective of the state's system, that is another matter. That is another matter. The state applies the required procedures to it, and a second contract is made. There is no objection to making a second contract. He can make a contract according to the system and the state's system, a second contract, and the official procedures are carried out. Yes, but this does not prevent it from being valid in its original form. If he has intercourse with her based on the first contract, it becomes valid because she is his wife; it is not said that this is unlawful sexual intercourse.

The questioner:
Is the contract valid even without the guardian's consent?

The Shaykh:
Glory be to Allah. I say that the guardian is necessary, and the guardian's consent is necessary. If the guardian does not consent, it means the contract is not valid, as a condition has been lacking.

The questioner:
Yes.