Married his wife without the consent of her guardian
14-6-2006 | IslamWeb
Question:
assalamalaikum, my elder brother recently got married and lving with her wife now.before getting married,they were always meeting up at different places secretly.So the girls parents came to know this boy (my bro).so they decided to marry her to another boy as soon as possible.So she came to her house and got married without her parents permission.But now her parents has accepted her and living peacefully.Before this my brother never used to pray salat but now alhamdolillah has started praying 5 times salat as well as growned his beard. But now he wants to repent for those event .I have 3 questions. 1)will he have to remarry? 2)will he have to pay any kifaaya? 3)or will there be any punishment for both of them?
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 is His slave and Messenger. We ask Allaah to exalt his mention as well as that of his family and all his companions.
If this marriage (as you mentioned) had taken place without the consent of the guardian of this girl, then it is void according to the majority of the scholars
as the Prophet 
said: "Any woman who gets married without the consent of her guardian, her marriage is invalid, her marriage is invalid, her marriage is invalid." [Abu Daawood] Therefore, this marriage has to be nullified. However, since the guardian of this girl later accepted your brother's marriage to her, then the marriage contract can be renewed with the presence of her guardian and two witnesses after making sure that she is not pregnant by her observing one menstruation or giving birth to the child if pregnant. If there are any children from this marriage, they should be traced back to their father because he married her believing that it was a correct marriage (according to the scholars who are of the view that marriage without the consent of the guardian is valid).
The only thing that your brother and this girl should do now is to repent to Allaah for having established a forbidden relationship. Moreover, they have to conceal their sin, but there is no expiation for them or any religious worldly corporal punishment. As regards the punishment of the Hereafter, then we hope that Allaah will forgive them since they repented.
Allaah Knows best.