❖ Question:
What should a woman do if she entered into a court marriage without a wali (guardian), and later Allah granted her the ability to repent?
❖ Answer by Shaykh Abdul Wakeel Nasir ḥafiẓahullāh:
◈ Status of a Court Marriage Without a Wali:
Since the issue of marriage without a wali is one of ijtihād (scholarly interpretation), some jurists consider the ruling of the court to be valid and regard such a marriage as legitimate.
According to the fatwas of Shaykh Ṣāliḥ al-Fawzān and Shaykh Ibn Bāz رحمهما الله, if the court-conducted marriage has already been solemnized, it will not be nullified.
However, it is better and more precautionary to seek the consent of the wali and renew the nikah.
❖ If the Wali Gives Consent Later:
If the woman’s wali consents to the marriage at a later stage, then the best and most precautionary approach is to perform a fresh nikah with a new proposal and acceptance (ijāb wa qabūl).
✔ This will eliminate any jurisprudential weakness in the marriage.
✔ The marriage will be established on a firm and sound foundation.
