Source: Fatāwā Muḥammadiyyah, Volume 1, Page 673
❖ Question:
What do the scholars of Islam and jurists of Sharīʿah say about a case where a mature, sane girl was married secretly without her father’s permission, while her mother and brother were present? Is such a marriage valid according to Islamic law or is it invalid?
✿ Answer:
Al-ḥamdu lillāh, and peace and blessings be upon the Messenger of Allah. To proceed:
If the scenario mentioned in the question is accurate, then according to Islamic principles, the validity of a marriage depends upon the permission of the nearest guardian (walī al-aqrab). If the marriage is conducted without the consent of the walī, then — based on clear Qur’anic verses and authentic ahādīth — such a nikāḥ is not valid in Sharīʿah.
❀ Evidence from the Qur’an:
➊ Sūrah al-Nūr, verse 32:
“وَأَنكِحُوا الْأَيَامَىٰ مِنكُمْ…”
“Marry off those among you who are single…”
🟢 This verse addresses the guardians to arrange marriages, showing their authority and responsibility.
➋ Sūrah al-Baqarah, verse 221:
“وَلَا تُنكِحُوا الْمُشْرِكِينَ حَتَّىٰ يُؤْمِنُوا…”
“Do not marry [your women] to polytheists until they believe…
➌ Sūrah al-Baqarah, verse 232:
“فَلَا تَعْضُلُوهُنَّ أَن يَنكِحْنَ أَزْوَاجَهُنَّ…”
“Do not prevent them from marrying their [former] husbands…”
🟢 These verses demonstrate that guardians (awliyā’) have authority in the matter of marriage, because if they had no role, the Qur’an would not have addressed them directly.
❀ Evidence from Hadith:
➊ Ḥadīth of Abū Mūsā al-Ashʿarī رضي الله عنه:
“لَا نِكَاحَ إِلَّا بِوَلِيٍّ“
“There is no nikāḥ without a walī.
📚 (Narrated by Aḥmad, al-Tirmidhī, Ibn Ḥibbān, al-Ḥākim – authenticated by both; also in Fiqh al-Sunnah, Vol. 2, p. 112)
➋ Ḥadīth of ʿĀʾishah رضي الله عنها:
“أَيُّمَا امْرَأَةٍ نَكَحَتْ بِغَيْرِ إِذْنِ مَوَالِيهَا، فَنِكَاحُهَا بَاطِلٌ، بَاطِلٌ، بَاطِلٌ“
“Any woman who marries without the permission of her guardian — her marriage is invalid, invalid, invalid.”
📚 (Narrated by Aḥmad, Abū Dāwūd, Ibn Mājah, al-Tirmidhī – who graded it ḥasan ṣaḥīḥ; Fiqh al-Sunnah, Vol. 2, p. 112)
❀ Order of Guardianship (Walī) According to Imām al-Shāfiʿī رحمه الله:
① Father
② Paternal grandfather
③ Full brother
④ Paternal half-brother
⑤ Full nephew
⑥ Paternal half-nephew
⑦ Paternal uncle
⑧ Uncle’s son
⑨ Then the qāḍī (Islamic judge)
📚 (Fiqh al-Sunnah, Vol. 2, p. 117)
🟢 According to this sequence, if the father is alive, no one else can assume the role of walī in his presence.
❀ Fatāwā Ahl al-Ḥadīth (Fatāwā Rūparīyyah):
“In all cases, a woman must have a walī. The father is the first in order, although some say the son is first.”
📚 (Vol. 3, p. 417)
✅ Sharʿī Ruling on the Case:
✿ Since in this case the marriage was conducted secretly without the permission of the father, and only the mother and brother were present:
❌ The marriage is invalid according to Islamic law.
❌ The mother has no authority to act as walī.
❌ The brother cannot be walī in the presence of the father.
✅ If the father is sane and well-intentioned, his permission is necessary.
Hence, such a marriage is null and void and has no standing in Sharīʿah.
⚠ Note: This fatwa is based solely on the information provided in the question. The issuing mufti bears no responsibility for any legal shortcomings or court proceedings.
📌 Conclusion:
This marriage is Islamically invalid and must be annulled.
