What is the legal status of a marriage contracted by the farther guardian in the presence of the nearer guardian, or when contracted by a non-guardian (Ajnabi), or when a woman with required authorization marries without permission, or when a slave marries without his master's permission?
General Chapter
Al-Mughni
Book of Marriage
Primary text
Such a contract is fundamentally invalid (fasid) and does not remain pending approval; it does not become valid through subsequent ratification (Ijazah). This is the sounder of two narrations from Ahmad, and it is the view of Shafi'i, Abu Ubayd, and Abu Thawr. The basis for this is the Prophetic saying: "Any woman who marries herself without her guardian's permission, her marriage is void," and "If a slave marries without his master's permission, his marriage is void." Furthermore, this contract lacks its resultant legal effects, such as divorce, Khul', imprecation, and inheritance, meaning it does not take effect, similar to the marriage of a woman during her waiting period (iddah).
Supporting text
Another narration from Ahmad suggests the contract is pending ratification; if ratified, it becomes valid, and if not, it is voided. This applies when a minor is married by his uncle; if he is satisfied at any point, it is valid, otherwise, it is annulled. Similarly, when a female orphan is married, she has the choice upon reaching maturity.