Sharʿi Ruling on Marriage During ʿIddah and Without Guardian’s Permission
Source: Fatāwā Rāshidiyyah, p. 448
❀ Question
What do the scholars of Islam say regarding the case where Muḥammad passed away, and before the completion of her ʿiddah, his wife Sakinah married another man without the permission of her guardian (walī). Moreover, her father, Allāh Bakhsh, is displeased with this act. According to the Sharīʿah of Muḥammad ﷺ, is this marriage valid or not?
❀ Answer
Al-ḥamdu lillāh, waṣ-ṣalātu was-salāmu ʿalā Rasūlillāh, ammā baʿd!
It must be made clear that this marriage is invalid because two necessary conditions have not been fulfilled:
① Completion of ʿIddah
◈ Sakinah must first complete her prescribed ʿiddah.
② Consent of the Guardian (Walī)
◈ The permission of the walī, i.e., her father, is obligatory. As stated in the ḥadīth:
((لانكاح إلابولى.))
And in another narration:
((أيماإمرأة نكحت بغيرإذن وليهافنكاحهاباطل.))
(Reported by al-Arbaʿah except al-Nasā’ī; authenticated by Abū ʿAwanah, Ibn Ḥibbān, and al-Ḥākim)
❀ Conclusion
◈ Since both conditions — completion of ʿiddah and permission of the walī — are absent, the marriage is invalid and impermissible.
ھذا ما عندی واللہ اعلم بالصواب
