WHAT MAKES A MARRIAGE VALID IN ISLAM
BismilLahir Rahmaanir Raheem.
The difference between an Islamic marriage and an un-Islamic marriage is that the Islamic marriage fulfils the conditions and pillars of a correct religious marriage, the most important of which are:
*_The consent of the bride’s guardian_*.
*_The presence of two witnesses_*.
*_A MAHAR OR DOWRY (bridal money given by the groom to the bride)_*.
Therefore, if a man proposes to marry a woman and she agrees and he marries her, then their marriage is void even if he gives her a dowry because it did not fulfill two major conditions: the consent of the guardian and the presence of two witnesses. The Prophet sallallahu alaihi wasallam, said: “There is no marriage except with a guardian and two trustworthy witnesses.” [At-Tirmithi and Abu Daawood]. The Prophet sallallahu alaihi wasallam, also said: "Any woman who marries without the consent of her guardian, her marriage is void, her marriage is void, her marriage is void." [At-Tirmithi and Abu Daawood].
Even though Imam Abu Haneefah is of the view that marriage without consent of the sister's guardian or parent is still valid, this opinion is subject to the fact that the woman is elderly and had married before and remarrying and has no family arround her. Even so, the local imam is recommended to act as her guardian to ensure the marriage is organised through shari'ah compliance. Allah knows best. *_May ALLAH keep guiding us all_*. Aameen.