FatwaFederal TerritoriesMarriage & Family
AL-KAFI #354: TERPAKSA MENGAHWINKAN ANAK
Is a marriage contracted through a judge-appointed guardian invalid if the bride's father signed the consent and authorisation letter under compulsion, and must the contract be repeated?
Short answer
According to this fatwa, the marriage contract does not need to be repeated and the existing marriage is valid.
A reference, not a fatwa. First sentence of the summary below — read the original fatwa and consult your state authority before acting.
- Authority
- Federal Territories Mufti Office
- Date
- Status
- Opinion (irsyad)
- Series
- Al-Kafi li al-Fatawi
- Topic
- Marriage & Family
No evidence of gazettement in the source — this is not a gazetted fatwa.
Summary
According to this fatwa, the marriage contract does not need to be repeated and the existing marriage is valid. The key consideration is whether the coercion was serious, such as a threat to the father's life. If it was not, his written consent and authorisation of the judge as guardian clearly show the contract is valid, regardless of his inner feelings. The questioner is advised to consult the local Syariah Lower Court.
Written in our own words from the original fatwa — check the source before acting on it.
Setahu kami tidak perlu akad nikah semula dan pernikahan lama adalah sah.
Read the full fatwa on the Federal Territories website (new tab)
How to cite
Cite the original fatwa and its authority. Rujuk Fatwa is only where you found it.
Federal Territories Mufti Office. “AL-KAFI #354: TERPAKSA MENGAHWINKAN ANAK”, 9 August 2016. https://muftiwp.gov.my/ms/artikel/al-kafi-li-al-fatawi/1298-al-kafi-354-terpaksa-mengahwinkan-anak. Found via Rujuk Fatwa: https://rujukfatwa.com/en/fatwa/forced-guardian-signature-marriage-valid-repeat/