More entitled to be a woman''s

Q 2: I have an elder sister to whom a suitor had proposed. At that time, we were orphans, and we had paternal uncles who lived an eight-day journey by camel from us. My mother sent a message to them to come and conclude her marriage contract, but they refused. (Part No. 18; Page No. 146) My sister also refused to go to the court without a Waliy (a legally accountable person acting for a woman regarding marriage). My maternal uncles, thus, sent me to the Ma'dhun (marriage registrant), and my sister authorized me to act as her Waliy. The Ma'dhun asked me whether I had reached puberty, and I said yes, even though I had not. Is the marriage contract valid? I heard that what I did is impermissible. My sister is now fifty years old; and she has ten children. Are these children born legitimately? Is it permissible to conclude the marriage contract again? She has reached the age of menopause, and we are terribly worried concerning this. Please advise. May Allah reward you best!

A: The marriage contract is valid, and the children are related to their father if the contract was concluded when you were fifteen years old, when you had experienced sexual dreams, or when you started to have coarse pubic hair. One of these signs is enough to prove having reached puberty. If none of these signs existed at that time, the contract should be renewed, and the children are related to their father because it was assumed that they were married. May Allah grant us success. May peace and blessings be upon our Prophet Muhammad, his family, and Companions.