Is the marriage contract valid without the guardian's consent?
Machine translationRead the Arabic original
The questioner : Praise be to Allah. Praise be to Allah. There is a question. May Allah keep you safe, uncle. The Shaykh, please. A girl got married without the knowledge of her guardian. Yes. A girl, right? She got married without the knowledge of her guardian. Yes. And the marriage contract was concluded by a legal judge in the presence of witnesses. And a marriage certificate was issued by the Sharia court. Is this marriage valid?
The Shaykh : Some scholars hold that it is valid, and some hold that it is not valid. The correct view is that it is not valid.
The questioner : It is true that it is one.
The Shaykh : The contract must be redone. He must separate her from the man, and then the contract must be redone.
The questioner : This contract.
The Shaykh : Yes, it is necessary.
The questioner : Now, does the guardian bear any sin if he left this matter and neglected it? Does the guardian bear any sin if he left this matter and neglected it? What about the girl herself?
The Shaykh : He bears a sin. Yes. Yes, he bears a sin.
The questioner : What is his sin?
The Shaykh : It is a major sin among the major sins.
The questioner : He guided her, O honorable Shaykh, but she did not listen to him.
The Shaykh : The case must be brought to the court.
The questioner : Yes.
The Shaykh : Some scholars hold that it is valid, and some hold that it is not valid. The correct view is that it is not valid.
The questioner : It is true that it is one.
The Shaykh : The contract must be redone. He must separate her from the man, and then the contract must be redone.
The questioner : This contract.
The Shaykh : Yes, it is necessary.
The questioner : Now, does the guardian bear any sin if he left this matter and neglected it? Does the guardian bear any sin if he left this matter and neglected it? What about the girl herself?
The Shaykh : He bears a sin. Yes. Yes, he bears a sin.
The questioner : What is his sin?
The Shaykh : It is a major sin among the major sins.
The questioner : He guided her, O honorable Shaykh, but she did not listen to him.
The Shaykh : The case must be brought to the court.
The questioner : Yes.
Source
قناة «فضيلة الشيخ محمد بن صالح العثيمين»، 1957- هل يصح عقد النكاح بغير موافقة الولي/سؤال على الهاتف 📞 /ابن عثيمين — youtube.com (0:06)
The Arabic text is a machine transcription of the audio recording.