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Marriage Without a Guardian is Invalid

Shaykh Salih al-Fawzan explains that a marriage without a guardian (walī) is null and void. A valid marriage requires a walī, consent of both spouses, and two upright witnesses. Without these conditions, the marriage is not considered valid.

Questioner:

What is the ruling on a woman’s marriage without a walī?

Shaykh Ṣāliḥ al-Fawzān:

[The marriage] is null just as the Prophet ﷺ said, “Whenever a woman marries without a walį (guardian), her marriage is null, null, null.” There must be a walī.

Questioner:

Are there conditions for the marriage contract?

Shaykh Ṣāliḥ al-Fawzān:

Yes, the first condition of a marriage is the walī, the second is contentment of both spouses, and thirdly is attestation. There is no marriage except with a walī (guardian) and two upright witnesses.