Marrying without Parents Consent and a Wali or Guardian
In the name of Allah, Most Gracious,
Most Merciful
Marriage without a wali or parents consent
is VALID AND ALLOWED in certain valid islamic opinions.
The rulings stated in our fatawa are based on the Hanafi mazhab, unless otherwise mentioned.
Here under are the conditions for validity of nikah according to the Hanafii mazhab:
1. Offer and acceptance should take place. 2. It should be witnessed by two sane Muslims who
have reached the age of maturity.
قال ( ولاينعقدنكاحالمسلمينإلابحضورشاهدينحرينعاقلينبالغينمسلمينرجلينأورجلوامرأتينعدولاكانواأوغيرعدولأومحدودينفيالقذف ) اعلمأنالشهادةشرطفيبابالنكاحلقولهصلىاللهعليهوسلم { لانكاحإلابشهود }
However, some of the other mazahib do state
that nikah will not be valid without the presence of a Wali (guardian), and the nikah be conducted with the words of the wali.
The ruling regarding a secret marriage is as follows:
* If the woman has married such a man who is not
“equal” to her in Shariah, then the contract of nikah is not valid. * If the women got married to her equal
and the other requirements of nikah mentioned above are found, the nikah will be valid.
Firstly, if the couple happens to cohabit and a child
is born, the public would regard the child to be illegitimate and it would be very difficult to convince them that a nikah
had taken place.
Secondly, this could be a cause for the displeasure of the parents, if they find out; whereas,
Islam emphasises on pleasing the parents.
Overall, Islam does not encourage secret nikahs and Nabi (Sallallahu
Alaihi Wasallam) had ordered the Sahaba (R.A) to announce their nikahs.
Therefore, the best advice in the situation mentioned will be to convince the parents to at least have
only the nikah at the moment, and to have the rukhsati (to live with the husband) and walima later.
