The presence of a guardian is a condition for the validity of the marriage
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Question: I am a young man who has been working in the Kingdom for seven years, and I pray and fast, praise be to Allah. A year ago I got married, but the girl has no guardian; she has only her sister. When we went to the court, they refused to let her sister be her guardian. After a while, I married her in the presence of three witnesses, and the marriage took place without a marriage certificate from the court. Six months later, they sent me from my country a marriage contract from a Shari'ah court, without my wife and me being present. We obtained the contract through a power of attorney for myself and my wife from another country. Is this marriage valid in this form or not? And if it is not, what must we do to make it valid?
Answer: It is well known that one of the conditions for the validity of the marriage is the presence of a guardian who takes charge of the contract for his ward. If she has no guardian from her relatives, then her guardian is the Shari'ah judge, who takes charge of her affairs and contracts her marriage.
This contract that the questioner mentioned is doubtful; we do not know in what form it was concluded.Because he said: He says that she has no guardian except her sister, and that the court refused her sister's guardianship.
Her sister's guardianship.Then he said: He says that a contract was sent to him by power of attorney from his country, and then he says that he married her in the presence of witnesses. So we do not know what the nature of this contract was, who took charge of her contract, and from which scholar of knowledge this matter was carried out. The matter remains problematic. It is obligatory for him to contact the Shari'ah court, or to contact the Presidency of Scholarly Research and Ifta in Riyadh. He should contact them personally and explain his case to them, and he will find, if Allah wills, the correct guidance.
Answer: It is well known that one of the conditions for the validity of the marriage is the presence of a guardian who takes charge of the contract for his ward. If she has no guardian from her relatives, then her guardian is the Shari'ah judge, who takes charge of her affairs and contracts her marriage.
This contract that the questioner mentioned is doubtful; we do not know in what form it was concluded.Because he said: He says that she has no guardian except her sister, and that the court refused her sister's guardianship.
Her sister's guardianship.Then he said: He says that a contract was sent to him by power of attorney from his country, and then he says that he married her in the presence of witnesses. So we do not know what the nature of this contract was, who took charge of her contract, and from which scholar of knowledge this matter was carried out. The matter remains problematic. It is obligatory for him to contact the Shari'ah court, or to contact the Presidency of Scholarly Research and Ifta in Riyadh. He should contact them personally and explain his case to them, and he will find, if Allah wills, the correct guidance.