If a marriage takes place without a guardian, consummation occurs, and the woman gives birth, is this marriage valid?
Machine translationRead the Arabic original
The questioner : All right. Shaykh, regarding a marriage taking place without a guardian, meaning if a man marries a woman without a guardian, and consummation takes place, and it even reaches the point of childbirth, meaning she gave birth, what is the ruling on this marriage?
The Shaykh : We must know whether this marriage was based on the opinion of one of the Imams of the Muslims, or whether it was done arbitrarily without relying on a legal ruling. If it was the former, then it is a valid marriage, but it is not permissible to return to it after knowing his saying (peace and blessings be upon him):
There is no marriage except with a guardian.
لا نكاح إلا بوليThe questioner : And what is obligatory upon him?
The Shaykh : Who is it, what is obligatory upon him?
The questioner : I mean, after he knows that it is...
The Shaykh : That is it, it is not permissible for him to return to marrying without a guardian. As for this marriage, it is valid. Clear.
The questioner: Yes.
The Shaykh: All right.
The questioner : This is if it was based on the opinion of an Imam, any Imam.
The Shaykh : Yes, exactly.
The questioner: Yes.
The Shaykh : Something else.
The questioner : And if it was like this, meaning...
The Shaykh : Then it is zina; it is in the ruling of zina. If he knew that the Prophet (peace and blessings be upon him) said:
There is no marriage
لا نكاحThe questioner : Yes. And it means they are separated. I am asking about what follows from it.
The Shaykh : Yes, separation is necessary.
The questioner : Separation is necessary.
The Shaykh : Yes, if he was aware of his saying (peace and blessings be upon him).
The questioner : Ah, all right. They are separated, and what about the children?
The Shaykh : The children are attributed to him because it is a marriage of doubt!
Source
www.al-albany.com
The Arabic text is copied verbatim from the original source, without any edits.
