Question
What do the scholars say regarding this issue that my daughter was going to learn sewing work from home when some boys stopped her on the way and forcibly got her to sign a marriage form, while I, her guardian and father, am completely unaware of this situation and my consent is also not included. So please tell me, is such a marriage valid in Shariah which is done without the permission of the guardian? Please explain in the light of the Quran and Hadith so that you may be rewarded by Allah.
Answer
الحمد لله، والصلاة والسلام علىٰ رسول الله، أما بعد!
Provided the question and the incident are correct, in the case of responsibility it should be clear that for the validity of marriage, the permission of the nearest guardian and mentor is legally necessary. According to the explicit and authentic texts of the Quran and Hadith, marriage without the permission of the nearest guardian does not take place.
Evidence from Quran and Hadith
In Sahih Bukhari there is a chapter:
(بَابُ مَنْ قَالَ: لاَ نِكَاحَ إِلَّا بِوَلِيٍّ لِقَوْلِ اللَّهِ تَعَالَى: {فَلاَ تَعْضُلُوهُنَّ} [البقرة: 232] فَدَخَلَ فِيهِ الثَّيِّبُ، وَكَذَلِكَ البِكْرُ، وَقَالَ: {وَلاَ تُنْكِحُوا المُشْرِكِينَ حَتَّى يُؤْمِنُوا} [البقرة: 221] وَقَالَ: {وَأَنْكِحُوا الأَيَامَى مِنْكُمْ} [النور: 32]
That is: Marriage is not contracted without the permission of the guardian because Allah Almighty said:
“When you divorce women and they complete their waiting period, do not prevent them from marrying their next husbands.”
This command is general, therefore the permission of the guardian is necessary for both widows and virgins. Furthermore, He said:
“Do not marry your women to polytheists until they believe.”
And He said:
“Marry the widows and the unmarried men.”
In these three verses, the address is to the guardians. Therefore, Imam Bukhari, may Allah have mercy on him, took evidence from these verses that the permission of the guardian is a condition for the validity of marriage. If this were not the case, Allah Almighty would not have addressed the guardians in this way. Hence, it is clearly proven from these verses that without the permission of the guardian (especially the father if he is alive), the marriage is invalid.
Evidence from Ahadith
➊
((وعن أبي موسى أن رسول الله صلى الله عليه وسلم قال: ” لا نكاح إلا بولي “))
Hazrat Abu Musa Ash’ari (RA) narrated that the Messenger of Allah ﷺ said:
“A marriage does not take place without the permission of the guardian (Wali).”
This hadith has been narrated by Imam Abu Dawood, Imam Tirmidhi, Imam Ahmad, etc., and Imam Ibn Hibban and Imam Hakim have declared it authentic.
➋
((عَنْ عَائِشَةَ – رَضِيَ اللَّهُ عَنْهَا – قَالَتْ: قَالَ رَسُولُ اللَّهِ – صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ – «أَيُّمَا امْرَأَةٍ نَكَحَتْ بِغَيْرِ إذْنِ وَلِيِّهَا فَنِكَاحُهَا بَاطِلٌ فَنِكَاحُهَا بَاطِلٌ فَنِكَاحُهَا بَاطِلٌ، فَإِنْ دَخَلَ بِهَا فَلَهَا الْمَهْرُ بِمَا اسْتَحَلَّ مِنْ فَرْجِهَا، فَإِنْ اشْتَجَرُوا فَالسُّلْطَانُ وَلِيُّ مَنْ لَا وَلِيَّ لَهُ»))
Hazrat Aisha (RA) said that the Messenger of Allah ﷺ said:
“If a woman marries without the permission of her guardian, then her marriage is invalid, invalid, invalid. And if the husband has intercourse with her, then the dowry (Mahr) like that is obligatory upon him because he considered her body lawful and benefited from it. And if there is a dispute among the guardians, then the Sultan (ruler) is the guardian of the woman who has no guardian.”
This hadith is Hasan Sahih.
Summary and Legal Ruling
From the aforementioned three Quranic verses and authentic hadiths, it has become absolutely clear that the permission of the nearest guardian (father) is an essential condition for marriage. Without the guardian’s permission, the marriage is invalid according to Shariah. And in the presence of the father, no other person can become the guardian.
Therefore, subject to the validity of the question, this marriage is invalid according to Shariah. This is only a statement of the Shariah issue. Its confirmation from the competent court is necessary. Only the court has the authority to complete the procedural process and issue a decision according to its discretion. However, the Mufti will not be responsible for any kind of legal proceedings.
ھذا ما عندي، واللہ أعلم بالصواب۔
