What is the ruling on an ‘urfi marriage[1] when conducted by a female minor? A sixteen-year-old girl entered into an ‘urfi marriage contract without her family’s knowledge, under the influence of a young man three years her senior. Only two witnesses were present. The marriage was not consummated and the couple separated a year later. Now, at twenty-two, the girl regrets her actions. A young man has proposed to her, and she wishes to accept. Can she proceed with this marriage, or must she first obtain a divorce from her first husband in the ‘urfi marriage? She does not know his current whereabouts. Is any expiation required?

With regard to the above question, we adopt the opinion of the majority of scholars who maintin that such a marriage is invalid due to the absence of the guardian’s consent. Accordingly, it is permissible for the girl to remarry, provided she acknowledges the invalidity of the first contract.

And Allah Almighty knows best.