Women’s Capacity to Enter Into Marriage
Applicable CEDAW Provision
Articles 16(1)(a), 16(1)(b) Paras. 15-16 GR21 Para. 34 GR29
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Capacity of adult women to enter into marriage
The consent of a marital guardian (wali) is not required for adult brides and grooms.
The consent of a wali is not required for Hanafi women who have reached puberty.
Capacity of adult women to enter into subsequent marriages
The consent of the wali is not required for the subsequent marriages of an adult woman who has been previously married.
The marriage of an adult woman who enters into a marriage contract without the consent of a wali is considered valid unless the husband is found to be incompatible.