The Requirement of a Guardian in the Marriage Contract
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This is a matter in which some of the scholars in our country have been lenient, namely the issue of contracting marriage without a guardian. What is the ruling on this matter, along with the evidence from the Book and the Sunnah?And these scholars cite excuses, saying: We cannot inform the guardian if the woman is in a country other than the guardian's country.And they say: How do we reach him by phone if the country is far away in the villages? And if the contract is made in this manner and the guardian approves it after seclusion or consummation, does this contract stand, or is a new contract required?
First: May Allah reward you. Know that some scholars say: If the woman is sane and of legal age, she may marry herself and does not need a guardian. Perhaps the scholars among you hold this opinion.
The questioner: What is the correct position?The Shaykh: The correct position is that marriage is not valid except with a guardian. If the guardian is absent, the guardianship passes to the one after him.For example: If her father is absent and she has an uncle, we tell her uncle: Marry her. If she has no relatives, the judge marries her. If no judge is found, the prince in her village marries her. If none is found, she appoints whoever she sees as qualified for that.
The questioner: And if this invalid contract has been carried out, we say: It is not valid. Does it affect the sin, for example, if a child is born?The Shaykh: If the husband, when he entered upon his wife who was married without a guardian, believed that the marriage was valid, then the child is his son. But if it becomes clear to him afterwards that the marriage was not valid, the contract is simply repeated.
First: May Allah reward you. Know that some scholars say: If the woman is sane and of legal age, she may marry herself and does not need a guardian. Perhaps the scholars among you hold this opinion.
The questioner: What is the correct position?The Shaykh: The correct position is that marriage is not valid except with a guardian. If the guardian is absent, the guardianship passes to the one after him.For example: If her father is absent and she has an uncle, we tell her uncle: Marry her. If she has no relatives, the judge marries her. If no judge is found, the prince in her village marries her. If none is found, she appoints whoever she sees as qualified for that.
The questioner: And if this invalid contract has been carried out, we say: It is not valid. Does it affect the sin, for example, if a child is born?The Shaykh: If the husband, when he entered upon his wife who was married without a guardian, believed that the marriage was valid, then the child is his son. But if it becomes clear to him afterwards that the marriage was not valid, the contract is simply repeated.