Thu 16 رمضان 1447 (05 Mar 2026)
[Marriage of a Woman Who Has No Guardian]
Mufti:
Alsayyed Muhammad b. Abdallah Awad Al-Muayyady
Fatwa number: 18167
Number of views: 2
[Marriage of a Woman Who Has No Guardian]
Fatwa number: 18167
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Question: We found a woman being pursued by some foolish men, so she sought refuge with us and we granted her protection. We asked about her situation and she said she is from Marān, that her father was killed in the war, and that she has no relatives. We searched for about a month for her family and found no trace. Some of our household wish to marry her, and she also wishes that. But we fear that if we take her to the authorities there will be problems of investigation and inquiry, since the war is still ongoing. What is the solution?
Answer—and Allah grants success: If the matter is as stated and there is fear in taking her to the authorities, let her appoint a Muslim man as her agent to conclude the marriage for her. “The believers are allies/guardians of one another.”
If a guardian later appears, no approval of his nor renewal of the contract is required, because he had been intermittently absent, and waiting for the possibility of a guardian’s appearance—or for safety from the woman’s detention and that of her escorts for investigation—would all cause her harm, given that she is young and exposed to temptation in a land where she has no maḥram.
Source: Min Thimār al-ʿIlm wa al-Ḥikmah vol.1
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