On remarrying after a marriage without the guardian’s consent

Abu Huraira

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Question: If a girl gets married without the consent of her guardian and the guardian later accepts the marriage, will the original marriage remain valid, or will the marriage have to be solemnised again?
Answer: The ruling is that a minor girl cannot marry without the consent of her guardian. Moreover, in the case of an incompatible match, a girl’s marriage is not fully valid without the guardian’s consent. In such circumstances, if the guardians accept the marriage, it may become valid. However, if a case study establishes that the previous marriage did not take place at all, what would it mean for the guardians to accept it? In that case, the marriage will have to be solemnised again.
Answered by: Allama Mufti Ubaidur Rahman Khan Nadwi
Source: Jame-ul-Fatawa, Encyclopaedia of Islamic Jurisprudence and Fatwas
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