Got Married in Court without Her Guardian
Fatwa No: 412816

  • Fatwa Date:10-2-2020 - Jumaadaa Al-Aakhir 16, 1441
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Question

Dear Sir, Assalamoalaikum.
Please help us with true knowledge. I want to share a story about one of my cousins (brother) followed by some quresies for true guidance.
My cousin is very pious and a good human being from his childhood. He lost his father when he was only 6. His family has good reputation in their society. 2 years ago my cousin felt in love with a girl. He loved her so much that he didn't want to loose her. As he always try to follow islam, therefore, was afraid of engaging in wrong activities (like zina), which is very common in modern world. Also, both of their families were positive at that time. So both of them decided to get married in court without informing their families. So many days after marriage my cousin came to know that the marriage was invalid and not sharia based. Even though shatan deceived them

Answer

All perfect praise be to Allah, The Lord of the Worlds. I testify that there is none worthy of worship except Allah, and that Muhammad  sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention ) is His slave and Messenger.

You did not ask any specific question after mentioning the story. Commenting on what you said, we say that Muslim jurists held different opinions regarding the validity of a marriage conducted without the permission of a Wali (guardian). The majority of the scholars maintained that the marriage is invalid, while Abu Haneefah  may  Allaah  have  mercy  upon  him held that it is valid. The opinion adopted at Islamweb is that of the majority of the scholars given the strength of its supportive evidence. Accordingly, this marriage is invalid, unless it was conducted by the judge at a Sharee'ah-court; in which case, it would be deemed valid. According to the view that it is invalid, it is obligatory to renew the marriage contract with the permission of the woman’s Wali and in the presence of witnesses.

For more benefit on a woman’s marriage without guardian, please refer to Fataawa 92758, 85057, 226429, 132754, and 269080.

Allah knows best.

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