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Fatwa CenterMarrying a Christian woman without a matrimonial guardian
Question
Two years ago, I married a Christian girl from Holland. We concluded the marital contract in the presence of two Muslim witnesses but my wife had no guardian. I did not know that the woman's guardian’s presence is a condition for a valid marriage. At that time, my wife was 23 years old. I did not conclude my marriage at the Real Estate office in the town where I live because I did not have a residency. When I got my residency, I immediately went to the concerned authorities in Holland along with my wife in order to make our marriage official. In Holland, they do not acknowledge the Islamic marriage. We have already presented the necessary certificates and our request was referred to the Ministry of Justice for approval. The concerned authorities then approved our marriage and determined a day for concluding the marital contract. We were required to inform the authorities about the witnesses, who were two mature Muslims. The marriage ceremony was held in the municipal authority and then we got an official marital contract from Holland. Again, my wife had no guardian to assume her marriage during that time. Do the concerned authorities in Holland act as the guardian in this marriage? I heard by coincidence during the Friday Khutbah the Imaam saying that marriage is invalid when it is concluded without a guardian or witnesses. Having finished the Khutbah, I asked him about my case and he told me that I am required to conclude the marital contract for the third time in the presence of my wife's guardian. I am now confused. Was I having a prohibited relation along the past two years? What about the official marriage? Please advise. May Allaah Reward you.
Answer
All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad, sallallaahu ‘alayhi wa sallam, is His Slave and Messenger.
According to the preponderant opinion, the presence of the guardian is a condition for a valid marriage. This is based on the general indication of the Hadeeth in which the Prophet, sallallaahu ‘alayhi wa sallam, says: “There is no (valid) marriage without a Wali (matrimonial guardian.” [Abu Daawood and At-Tirmithi]
Ibn Qudaamah 
said, “If the Muslim marries a Thimmi woman, her non-Muslim guardian assumes her marriage. This is stated by Abu Al-Khattaab. It is also the opinion of Abu Haneefah and Ash-Shaafi‘i 
. They argued that such a person is the woman's guardian and therefore it is valid that he assumes her marriage as when he marries her off to a non-Muslim. Also, the woman has an eligible guardian and therefore it is impermissible that others replace him, just as when she marries a Thimmi.”
Consequently, if your wife has a guardian, father, brother, and so on, you are required to conclude the marital contract again because the previous one is invalid, according to the opinion of the majority of scholars. If she does not have a guardian, the concerned authority in her country assumes the marriage in the presence of two Muslim witnesses.
As for your current state, we say: if you follow the opinion of those who say that the mature woman can assume her marriage without her guardian's permission, then you are blameless because it is the opinion of some scholars.
Allaah Knows best.
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