❖ Source: Fatāwā Muḥammadiyyah, Volume 1, Page 677
I seek a Sharʿī ruling on a matter:
A friend of mine married a girl from another caste without the consent or approval of her parents. Now, the girl’s parents refuse to recognize this marriage and insist that they will marry her off to another man of their choosing.
The boy’s family is opposing this and saying, “We will not let this new marriage happen.”
In this situation, what is the Islamic ruling?
الحمد لله، والصلاة والسلام علىٰ رسول الله، أما بعد!
If the details provided in the question are accurate, then the explanation is as follows:
For a valid marriage (nikāḥ) to take place, it is a necessary condition that there must be mutual agreement between the girl and her Sharʿī guardian (walī) — typically the father or another rightful walī.
If this mutual consent and harmony between the girl and her legitimate guardian are not present, then the marriage is not valid in Sharīʿah.
Any such marriage — conducted without the permission of a rightful walī — is invalid (bāṭil) in the eyes of Sharīʿah. Consequently, any marital relationship between such a couple would fall under the category of sin and fornication.
In other words:
The validity of nikāḥ depends on the permission of the walī.
Chapter: Those who say: There is no marriage except with a walī, citing the saying of Allah:
{فَلَا تَعْضُلُوهُنَّ}
“Do not prevent them [women] from marrying [their former husbands]...”
— [al-Baqarah: 232]
This verse applies to both previously married and virgin women. If the walī had no authority in marriage, Allah would not have addressed him in this command. The same applies to the following verses:
{وَلَا تُنكِحُوا الْمُشْرِكِينَ حَتَّىٰ يُؤْمِنُوا} — [al-Baqarah: 221]
“Do not marry off [your women] to polytheists until they believe...”
{وَأَنكِحُوا الْأَيَامَىٰ مِنكُمْ} — [al-Nūr: 32]
“Marry off the single ones among you…”
These verses clearly address the guardians (awliyā’) and establish their authority and obligation in the matter of marriage.
Furthermore, Imām al-Bukhārī has cited the well-known ḥadīth of Maʿqil ibn Yasār رضي الله عنه in this context.
Narrated by Abū Burdah ibn Abī Mūsā, from his father:
قَالَ رَسُولُ اللَّهِ ﷺ: «لَا نِكَاحَ إِلَّا بِوَلِيٍّ»
“There is no marriage except with a walī.”
(Musnad Aḥmad, Abū Dāwūd, al-Tirmidhī, Ibn Ḥibbān, authenticated by Ibn al-Madīnī, al-Tirmidhī, and others. See: Sabul al-Salām, Vol. 3, p. 117)
This ḥadīth clearly affirms the necessity of the walī's consent for a valid marriage.
Based on the above Qur’ānic verses and authentic aḥādīth:
✔ A marriage performed without the permission of the walī is invalid in Sharīʿah.
✔ In the present case, since it is clearly stated that the marriage was conducted without the consent of the girl’s father, this marriage is Sharʿan void and unlawful.
✔ Therefore, the parents have the right to refuse to accept such a marriage, and they may arrange her marriage properly through the rightful walī, in accordance with Islamic law.
Note:
This is a Sharʿī fatwa based solely on the question as stated. The issuing Mufti is not responsible for any legal or court-related consequences.
“This is what I hold to be correct, and Allah knows best.”
❖ Question:
I seek a Sharʿī ruling on a matter:
A friend of mine married a girl from another caste without the consent or approval of her parents. Now, the girl’s parents refuse to recognize this marriage and insist that they will marry her off to another man of their choosing.
The boy’s family is opposing this and saying, “We will not let this new marriage happen.”
In this situation, what is the Islamic ruling?
❖ Answer:
الحمد لله، والصلاة والسلام علىٰ رسول الله، أما بعد!
If the details provided in the question are accurate, then the explanation is as follows:
For a valid marriage (nikāḥ) to take place, it is a necessary condition that there must be mutual agreement between the girl and her Sharʿī guardian (walī) — typically the father or another rightful walī.
If this mutual consent and harmony between the girl and her legitimate guardian are not present, then the marriage is not valid in Sharīʿah.
Any such marriage — conducted without the permission of a rightful walī — is invalid (bāṭil) in the eyes of Sharīʿah. Consequently, any marital relationship between such a couple would fall under the category of sin and fornication.
In other words:
The validity of nikāḥ depends on the permission of the walī.
✦ Evidence from Ṣaḥīḥ al-Bukhārī:
Chapter: Those who say: There is no marriage except with a walī, citing the saying of Allah:
{فَلَا تَعْضُلُوهُنَّ}
“Do not prevent them [women] from marrying [their former husbands]...”
— [al-Baqarah: 232]
This verse applies to both previously married and virgin women. If the walī had no authority in marriage, Allah would not have addressed him in this command. The same applies to the following verses:
{وَلَا تُنكِحُوا الْمُشْرِكِينَ حَتَّىٰ يُؤْمِنُوا} — [al-Baqarah: 221]
“Do not marry off [your women] to polytheists until they believe...”
{وَأَنكِحُوا الْأَيَامَىٰ مِنكُمْ} — [al-Nūr: 32]
“Marry off the single ones among you…”
These verses clearly address the guardians (awliyā’) and establish their authority and obligation in the matter of marriage.Furthermore, Imām al-Bukhārī has cited the well-known ḥadīth of Maʿqil ibn Yasār رضي الله عنه in this context.
✦ Evidence from Ḥadīth:
Narrated by Abū Burdah ibn Abī Mūsā, from his father:
قَالَ رَسُولُ اللَّهِ ﷺ: «لَا نِكَاحَ إِلَّا بِوَلِيٍّ»
“There is no marriage except with a walī.”
(Musnad Aḥmad, Abū Dāwūd, al-Tirmidhī, Ibn Ḥibbān, authenticated by Ibn al-Madīnī, al-Tirmidhī, and others. See: Sabul al-Salām, Vol. 3, p. 117)
This ḥadīth clearly affirms the necessity of the walī's consent for a valid marriage.
Sharʿī Conclusion:
Based on the above Qur’ānic verses and authentic aḥādīth:
✔ A marriage performed without the permission of the walī is invalid in Sharīʿah.
✔ In the present case, since it is clearly stated that the marriage was conducted without the consent of the girl’s father, this marriage is Sharʿan void and unlawful.
✔ Therefore, the parents have the right to refuse to accept such a marriage, and they may arrange her marriage properly through the rightful walī, in accordance with Islamic law.
Note:This is a Sharʿī fatwa based solely on the question as stated. The issuing Mufti is not responsible for any legal or court-related consequences.
“This is what I hold to be correct, and Allah knows best.”
