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Fatwa CenterA new Muslim had her marriage carried out by an Imaam and witnesses
Question
I am a revert and my family is non muslim. I do not have a mahram and I met my husband online because in the city that I was born, there were no suitable brothers. Hence, I was forced to look outside my area. I met a very pious and honest man whose father is an Imam in Jordan, and he was living in Germany. I travelled to him after I talked to my Imam in Canada. My Imam told me that I did not need a Wali, according to the hanifah school of thought. So I travelled to Germany and married my husband in a mosque in Germany with the Imam, two witnesses, and many other witnesses besides the required two. And a mahr. Some people have been suggesting that it is not valid because I did not have a wali. But the Imam in Germany did not say this neither did my Imam in Canada. Please clarify for me
Answer
is His slave and Messenger.
The consent of the guardian is one of the conditions for marriage to be Islamicly valid, according to the predominant opinion of the majority of scholars. The Prophet said: “Marriage without the consent of the guardian is invalid.”
Since the enquiring sister does not have a Muslim person in his family, then they do not have the right of guardianship over her because a non-Muslim can not be a guardian of a Muslim woman. Moreover, if her marriage was conducted in an Islamic center, and the Imaam carried out her marriage procedures, then her marriage is Islamicly valid, Allaah willing, if all other conditions of the Islamic marriage were met.
For more details, please refer to Fataawa 86524 and 83629.
Allaah Knows best
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