The Ruling on a Marriage Contract Made Without the Guardian's Permission

Question

A question was posed regarding the validity of a marriage contract made between a young man and a virgin girl without the knowledge or consent of her father. The girl had a relationship with the young man, and although her father had previously expressed willingness to accept a proposal from the young man's family, he was unaware that they were planning to marry. The girl declared her intention to marry the young man, and he accepted. Later, she distanced herself from him and received another marriage proposal. The question is whether she can marry the new suitor without a divorce from the first. [AR_ID:4998]

Answer 1

Peace be upon you.

Ayatollah Sistani (may Allah protect him):

Since marriage to a virgin girl is contingent upon the prior consent of her father, and also for an independent woman, it is necessary to obtain his permission in any clear manner. Merely mentioning that he would accept a proposal does not imply that he has granted permission for her to marry. Therefore, the contract made between them is considered a 'fuduli' contract, which requires the approval of her father or her paternal grandfather. Since such approval was not obtained, the marriage cannot be recognized, and she does not need a divorce if she is not independent in her affairs.

If she is an independent woman, it is necessary to conduct a divorce as a precaution, and she must observe the waiting period (iddah) from the first marriage (which was contracted without her father's knowledge) for the duration of a potential intercourse, or a divorce waiting period if she is independent. If there was no intercourse, she does not have to observe any waiting period, regardless of her independence, as a divorced woman who has not been consummated does not require a waiting period.

Source: Fiqh for Expatriates + Minhaj al-Salihin - Part Three - Guardians of the Contract, Issue 67 + Rulings on Fuduli Contracts, Issue 84

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Ayatollah Khamenei (may Allah protect him):

Since marriage to a virgin girl is contingent upon the prior consent of her father, it is necessary to obtain his permission in any clear manner. Merely mentioning that he would accept a proposal does not imply that he has granted permission for her to marry. Therefore, the contract made between them is considered a 'fuduli' contract, which requires the approval of her father or her paternal grandfather. Since such approval was not obtained, the marriage cannot be recognized. It is necessary to conduct a divorce as a precaution, and she must observe the waiting period from the first marriage (which was contracted without her father's knowledge) for the duration of a potential intercourse. If there was no intercourse, she does not have to observe any waiting period, as a divorced woman who has not been consummated does not require a waiting period.

Source: Special Inquiry + Tahrir al-Wasilah - Guardians of the Contract, Issue 24

May you be successful in all good.