A divorced woman who is forty years old married herself to a man by offer and acceptance without a guardian or witnesses; is this marriage considered valid?
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The questioner : This is a message received from a female listener of the program. She says: "O honorable Shaykh, a divorced woman who is forty years old married herself to a man by offer and acceptance without a guardian or witnesses. Is this marriage considered valid or not, and what do you advise us? May Allah reward you."
The Shaykh : The correct view is that this marriage is not valid due to the absence of a guardian. The Prophet (peace and blessings be upon him) said:Sunan Ibn Majah 1880Sahih (Darussalam) However, some scholars hold that a free, sane, adult woman may marry herself. If this woman is among a people who hold this opinion, then her marriage is valid based on the principle that a layperson’s school of jurisprudence is the school of the scholars of his land.
As for if she is in a country where its people do not consider a marriage without a guardian to be valid, then it is obligatory for her to separate from her husband and renew the contract. What has passed is forgiven because it occurred under a doubtful matter. And any children born during this period are her children and the man’s children. Yes.
The questioner : May Allah bless you.
The Shaykh : The correct view is that this marriage is not valid due to the absence of a guardian. The Prophet (peace and blessings be upon him) said:
There is no marriage except with a guardian.
لا نكاح إلا بوليAs for if she is in a country where its people do not consider a marriage without a guardian to be valid, then it is obligatory for her to separate from her husband and renew the contract. What has passed is forgiven because it occurred under a doubtful matter. And any children born during this period are her children and the man’s children. Yes.
The questioner : May Allah bless you.