Assuming that all requirements (pillars and conditions) of an Islamic marriage were fulfilled, the marriage in question is Islamically valid. Neither a specific age of either bride or groom, nor consideration for public interest (regional legality in this case) are requirements of an Islamic marriage. Therefore Australian law may render the marriage legally void, but not Islamically void.
The corners or pillars (أركان) of marriage in Islam are:
- Qualification: Both parties should be qualified for marriage, with no prohibitions (e.g., no prohibition based on religion, relationship, etc.).
- Offer and proposal: The wali offers the bride in marriage to the groom.
- Acceptance: The groom accepts the marriage proposal.
All three pillars must be in place. The lack of any of these pillars renders the marriage invalid Islamically, and another marriage contract is required for the marriage to continue.
The four conditions of an Islamic marriage are:
- Both the bride and groom must be specified publicly.
- Both the bride and groom must be pleased with one another.
- A qualified wali conducts the marriage on behalf of the bride.
- The marriage contract must be public and witnessed by two qualified Muslim men.
If any condition is not fulfilled, this does not automatically invalidate the marriage contract. It is required at this stage to consult a scholar on how to rectify the situation, and to check if another marriage contract is required. For example, the lack of two witnesses may be offset by a publicly announced marriage (according to Malik, Al-Zuhri, and Ibn Taymiyyah).
Consideration of public interest or benefit, known as Maslahah Mursalah (المصلحة المرسلة), refers to worldly matters that are neither mandated (المصالح المعتبرة شرعا) nor forbidden (المصالح الملغاة شرعا) by the religion, and its practice brings benefit. It is permitted to follow considerations of public interest, but such considerations do not void what is Islamically valid. An example of Maslahah Mursalah is the registration of a marriage in court in some countries; since there is nothing in Islam that forbids doing so, it should be done for an Islamic marriage.