❖ Source: Fatāwā Muḥammadiyyah, Volume 1, Page 688
❖ Question:
The respected scholars and jurists of Islamic law are requested to issue a ruling on the following case:
Mr. Nūr Muḥammad, son of Muḥammad Khān, from the Muslim Sheikh community, residing in Makkhanpura near Sui Vaneki, Lahore, has testified under oath:
“Approximately four months ago, Nūr Muḥammad, also of the Muslim Sheikh community, residing in Wahlla, Tehsil & District Sheikhupura, arranged the marriage of my biological daughter, Raiḥānah, to his son Muḥammad Ilyās, without my knowledge or permission.”
The question is:
❖ According to Sharīʿah, is this marriage valid?
Kindly issue a response in light of the sayings of the Prophet ﷺ, so that we may attain reward from Allah.
Note: If there is any falsehood in the question, the questioner alone bears responsibility.
Attestation:
We fully and truthfully affirm this question under oath. If it is later proven false, we accept full responsibility.
Signed by:
- Ghaus, son of ʿAbdullāh, Muslim Sheikh, Makkhanpura, Lahore
- Muḥammad, son of Aḥmad Dīn, Muslim Sheikh, Makkhanpura, Lahore
❖ Answer:
الحمد لله، والصلاة والسلام علىٰ رسول الله، أما بعد!
Assuming the accuracy of the question and the truthfulness of witnesses, the following Sharʿī ruling applies:
This marriage is invalid in Islamic law, because the permission of the Sharʿī walī (e.g., the father) is an essential condition for the validity of a nikāḥ.
If the guardian’s permission is absent, the marriage is not valid.
✦ Proof from the Noble Qur’an:
📖 Ṣaḥīḥ al-Bukhārī, Vol. 2, p. 769:
Chapter: Those who say, “There is no nikāḥ except with a walī,” due to Allah’s saying:
﴿فَلَا تَعْضُلُوهُنَّ﴾ — [al-Baqarah: 232]
“Do not prevent them [women] from marrying their husbands…”This includes both previously married and virgin women, as well as other verses:
﴿وَلَا تُنكِحُوا الْمُشْرِكِينَ﴾ — [al-Baqarah: 221]
﴿وَأَنكِحُوا الْأَيَامَىٰ﴾ — [al-Nūr: 32]
These verses all clearly assign the authority of nikāḥ to the walī.
✦ Aḥādīth of the Prophet ﷺ:
➊ Narrated by Abū Mūsā al-Ashʿarī رضي الله عنه:
«لَا نِكَاحَ إِلَّا بِوَلِيٍّ»
“There is no nikāḥ except with a guardian.”
(Aḥmad, Abū Dāwūd, al-Tirmidhī, Ibn Ḥibbān – authenticated; Sabul al-Salām, Vol. 3, p. 117)
➋ Narrated by ʿĀ’ishah رضي الله عنها:
«أَيُّمَا امْرَأَةٍ نَكَحَتْ بِغَيْرِ إذْنِ وَلِيِّهَا فَنِكَاحُهَا بَاطِلٌ…»
“Any woman who marries without her guardian’s permission – her marriage is invalid.”
(Sabul al-Salām, Vol. 3, p. 118)
➌ Narrated by Abū Hurayrah رضي الله عنه:
«لَا تُزَوِّجُ الْمَرْأَةُ الْمَرْأَةَ، وَلَا تُزَوِّجُ الْمَرْأَةُ نَفْسَهَا»
“A woman may not marry off another woman, nor may she marry herself.”
(Sabul al-Salām, Vol. 3, p. 120)
✦ Statements of Classical Scholars:
◉ Imām Muḥammad ibn Ismāʿīl al-Amīr:
“A woman cannot be a guardian for her own or another’s marriage. Her offer or acceptance is not valid without a walī.”
(Sabul al-Salām, Vol. 3, p. 120)
◉ Imām Ibn Rushd al-Qurṭubī:
“There is scholarly disagreement about whether wilāyah (guardianship) is a condition. Imām Mālik and Imām al-Shāfiʿī both held that the guardian’s permission is a condition for the validity of nikāḥ. Without it, the marriage is invalid.”
(Bidāyah al-Mujtahid, Vol. 4, pp. 6–7)
✅ Sharʿī Conclusion:
Based on the above Qur’anic verses, aḥādīth, and legal opinions of the imams:
✔ Since Raiḥānah, daughter of Nūr Muḥammad, was married without her father’s permission,
✔ This marriage is Sharʿan null and void.
✔ It should be treated as invalid and annulled.
✔ However, a proper judicial body or local arbitration council should investigate and officially annul the marriage.
✔ The Mufti bears no legal responsibility for court proceedings — this is strictly a Sharʿī fatwa.
“This is what I hold to be correct. And Allah knows best.”
