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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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Is it valid for the judge to marry a woman while her guardian is present, given that he refuses to marry her off, and is this considered undutifulness to the father?

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The questioner : A woman has been married for two and a half years or more and has a daughter, but she did not get married until she was tired of being asked whether her marriage without her father involved sin or disobedience to the parent. It is known that to this day he does not know that she is married or that she has a child. She describes the method of the marriage as follows: She has a sister in Allah among the sisters with whom she attends religious lessons, and they have a male relative who is a man of religion. He wrote a letter to the head of the courts stating that the judge should be the guardian. This was after the court had sent for her father several times, and his answer was not satisfactory. The marriage contract was concluded, and she did not say anything during the session because she did not know how the marriage is performed and because she did not know much about social life. However, the judge had her place her hand in her husband's hand and say to him: "I have married myself to myself with a mahr of such-and-such," and he mentioned everything written in the contract. Then her husband said: "And I have accepted." Is this method correct and pleasing to Allah (Mighty and Majestic)? She says that she accepted the marriage because she does not like to work, and she wants a husband who will protect her and preserve her.

The Shaykh : As long as this nikah (marriage contract) was concluded in the presence of the judge, and the judge saw that you married yourself, there is no need to ask about it. I do not answer a question about a matter that has been concluded by one of the scholars, because it is a fatwa or ruling whose time has ended. One should only ask about matters for which no fatwa or ruling has been issued. I do not like for anyone to stand at the door of every scholar asking him about what happened or what was done to them, even if they had sought a fatwa about it, because this causes confusion and distraction of thought and doubt about their matter. Rather, if one wants to seek a fatwa or go to court, he should choose the one he sees as closest to the truth among others due to his knowledge, trustworthiness, and righteousness, and he should be content with the fatwa he gives or the ruling he issues.

The questioner : May Allah bless you.
Source alathar.net

The Arabic text is copied verbatim from the original source, without any edits.

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