Source: Fatāwā Muḥammadiyyah, Vol. 1, Pg. 705
My daughter was on her way to learn sewing when some boys stopped her, brought a nikāḥ form, and forced her to sign it. I, her father and guardian (walī), was completely unaware and did not give my consent.
Is such a marriage valid in Shariʿah without the guardian’s permission? Please explain with evidence from Qur’an and Ḥadīth.
الحمد لله، والصلاة والسلام على رسول الله، أما بعد!
If the question and circumstances are accurate, then:
▶ A marriage is not valid without the permission of the closest guardian (walī).
▶ According to clear proofs from the Qur’an and authentic aḥādīth, such a nikāḥ is invalid.
Imām al-Bukhārī included a chapter titled:
“There is no marriage except with a guardian.”
He cited the following verses:
➡ All these verses address the guardians (awliyā’), proving that marriage is contracted by the guardian’s consent, not merely by the woman herself.
① Narrated by Abū Mūsā al-Ashʿarī رضي الله عنه:
② Narrated by ʿĀ’ishah رضي الله عنها:
➡ If a woman is forced or married without the walī’s permission, the marriage is null and void according to Sharīʿah.
◈ A valid nikāḥ requires the permission of the closest guardian, especially the father if he is alive.
◈ In this case, no such permission was granted, and the marriage was conducted through force.
◈ Therefore, the marriage is invalid in Shariʿah.
◈ However, to proceed legally, this matter should be taken to a competent Sharīʿah court for formal annulment or validation.
والله أعلم بالصواب
❖ Question:
My daughter was on her way to learn sewing when some boys stopped her, brought a nikāḥ form, and forced her to sign it. I, her father and guardian (walī), was completely unaware and did not give my consent.
Is such a marriage valid in Shariʿah without the guardian’s permission? Please explain with evidence from Qur’an and Ḥadīth.
❖ Answer:
الحمد لله، والصلاة والسلام على رسول الله، أما بعد!
If the question and circumstances are accurate, then:
▶ A marriage is not valid without the permission of the closest guardian (walī).
▶ According to clear proofs from the Qur’an and authentic aḥādīth, such a nikāḥ is invalid.
✦ Evidence from the Qur’an:
Imām al-Bukhārī included a chapter titled:
“There is no marriage except with a guardian.”
He cited the following verses:
- {فَلَا تَعْضُلُوهُنَّ}
“Do not prevent them from remarrying their husbands...”
[Al-Baqarah: 232]
- {وَلَا تُنكِحُوا الْمُشْرِكِينَ...}
[Al-Baqarah: 221] - {وَأَنكِحُوا الْأَيَامَى مِنكُمْ...}
[Al-Nūr: 32]
➡ All these verses address the guardians (awliyā’), proving that marriage is contracted by the guardian’s consent, not merely by the woman herself.
✦ Evidence from Ḥadīth:
① Narrated by Abū Mūsā al-Ashʿarī رضي الله عنه:
“There is no marriage except with a guardian.”
(Aḥmad, Abū Dāwūd, Ibn Ḥibbān, al-Ḥākim – Authentic)
② 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, invalid, invalid...”
➡ If a woman is forced or married without the walī’s permission, the marriage is null and void according to Sharīʿah.
Conclusion:
◈ A valid nikāḥ requires the permission of the closest guardian, especially the father if he is alive.
◈ In this case, no such permission was granted, and the marriage was conducted through force.
◈ Therefore, the marriage is invalid in Shariʿah.
◈ However, to proceed legally, this matter should be taken to a competent Sharīʿah court for formal annulment or validation.
والله أعلم بالصواب
