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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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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 بولي
Sunan Ibn Majah 1880Sahih (Darussalam)
.

The 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 نكاح
and then he married, then he is an adulterer.

The 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.

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