The ruling on the marriage of a Muslim woman in the lands of disbelievers without a guardian
Machine translationRead the Arabic original
The questioner:
Honorable Shaykh, may Allah grant you success, this is a woman residing in France, a Muslim woman who says she got married two weeks ago without a mahram.
The Shaykh:
Or without a wali.
The presenter:
That is what she says.
The Shaykh:
A wali, actually, without a wali.
The presenter:
Because her father and her brother do not pray, so she took her mother and her sister with her to attend the marriage contract. Her question is: Is this marriage considered valid?
The Shaykh:
If the wali refuses to marry her off, or if he is not qualified for the guardianship, the judge, the judge of the court, is the one who takes charge of her contract if she has no wali. But abroad, in the lands of disbelievers, if there is an Islamic center, an Islamic center, and the head of the center takes the place of the court and contracts her marriage, because he has guardianship over her in this case. Yes. As for her mother and her sister, they have no guardianship over her; rather, the one who takes charge of her affairs is either the judge or the head of the Islamic center. Yes.
Honorable Shaykh, may Allah grant you success, this is a woman residing in France, a Muslim woman who says she got married two weeks ago without a mahram.
The Shaykh:
Or without a wali.
The presenter:
That is what she says.
The Shaykh:
A wali, actually, without a wali.
The presenter:
Because her father and her brother do not pray, so she took her mother and her sister with her to attend the marriage contract. Her question is: Is this marriage considered valid?
The Shaykh:
If the wali refuses to marry her off, or if he is not qualified for the guardianship, the judge, the judge of the court, is the one who takes charge of her contract if she has no wali. But abroad, in the lands of disbelievers, if there is an Islamic center, an Islamic center, and the head of the center takes the place of the court and contracts her marriage, because he has guardianship over her in this case. Yes. As for her mother and her sister, they have no guardianship over her; rather, the one who takes charge of her affairs is either the judge or the head of the Islamic center. Yes.
Source
شرح كتاب المنتقى من أخبار المصطفى صلى الله عليه وسلم، بداية من باب الحجة في الصلاة بقراءة ابن مسعود وأُبَي — islamhouse.com (1:07:23)
The Arabic text is a machine transcription of the audio recording.