❖ Source: Fatāwā Muḥammadiyyah, Volume 1, Page 674
What do the scholars of Islam and jurists of Sharī‘ah decree regarding the following matter:
My son, Muḥammad Rafīq, son of ‘Abdul Raḥmān, passed away in 1985. He left behind five young daughters and one son. I personally took full responsibility for their upbringing and care. Their maternal grandfather played no role whatsoever in their maintenance or guardianship.
Now, my eldest granddaughter has reached maturity, and her maternal grandfather and mother, against my will and without my consent, are trying to forcibly marry her off to a morally corrupt man, even resorting to threats and coercion.
I seek a Shar‘ī ruling:
Can the mother or maternal grandfather conduct the marriage without the consent of the real and compassionate paternal grandfather?
And, will such a marriage be considered valid in Sharī‘ah or not?
It is essential to issue a legal Shar‘ī fatwa.
الحمد لله، والصلاة والسلام على رسول الله، أما بعد!
In accordance with the conditions of the question:
It is Shar‘an impermissible to contract a marriage without the permission of a Walī (guardian) and in the absence of two upright witnesses. Such a nikāḥ is not valid in Islamic law.
❶ Sūrah al-Nūr (24:32)
وَأَنكِحُوا الْأَيَامَىٰ مِنكُمْ وَالصَّالِحِينَ مِنْ عِبَادِكُمْ وَإِمَائِكُمْ...
“And marry off the unmarried among you, and the righteous among your male and female slaves…”
❷ Sūrah al-Baqarah (2:221)
وَلَا تُنكِحُوا الْمُشْرِكِينَ حَتَّىٰ يُؤْمِنُوا...
“And do not marry off [your women] to polytheists until they believe…”
❸ Sūrah al-Baqarah (2:232)
فَلَا تَعْضُلُوهُنَّ أَن يَنكِحْنَ أَزْوَاجَهُنَّ...
“Do not prevent them from marrying their [former] husbands...”
These verses clearly show that the guardian (walī) holds an authoritative role in the marriage process. If the walī had no authority, there would be no reason for these Qur’ānic commands to address him.
Narrated by Abū Mūsā رضي الله عنه:
The Messenger of Allah ﷺ said:
«لَا نِكَاحَ إِلَّا بِوَلِيٍّ»
“There is no nikāḥ (marriage) except with a walī (guardian).”
(Musnad Aḥmad, Abū Dāwūd, al-Tirmidhī, Ibn Ḥibbān, al-Ḥākim — authenticated)
Also referenced in Fiqh al-Sunnah, Vol. 2, p.112
Al-Ḥākim reported that this ruling is authentically narrated from multiple wives of the Prophet ﷺ, including:
He compiled around thirty authentic aḥādīth on this topic.
According to Ahl al-Ḥadīth, Ḥanābilah, Shawāfi‘, Ḥanafiyyah, and the majority of scholars:
① The father is the primary walī.
② If the father is deceased, then the paternal grandfather becomes the walī.
③ If he is also absent, then the right continues to ascend (great-grandfather).
④ Then comes the son, followed by the grandson, and so on.
al-ʿUddah Sharḥ ʿUmdat al-Aḥkām (p.362) states:
“The one most entitled to marry off a free woman is her father, then her grandfather (and above), then her son, then her grandson (and below).”
◉ The maternal grandfather holds no Sharʿī right to conduct nikāḥ.
◉ Mothers, maternal uncles, grandmothers, or stepfathers are not recognized as legal guardians (awliyā’) in marriage.
Sharḥ Wiqāyah (Ḥanafī Fiqh book) mentions:
“Wilāyah (guardianship) belongs to male blood relatives in the paternal line (ʿaṣabah), in the order of inheritance and exclusion.”
Fatāwā Ahl al-Ḥadīth, Vol. 2, pp. 407–408
Confirms that wilāyah is only for male paternal relatives like father, grandfather, uncle, etc.
◈ Dār al-ʿUlūm Deoband Fatwā:
After the father, the grandfather is the walī. If he is not present, then the real brother.
(Vol. 1, p. 429, Fatwā No. 767)
◈ Mufti Muḥammad Shafīʿ Deobandī:
In case of a minor girl, if father and grandfather are absent, then her real brother is the walī — mother or stepfather is not walī.
(Vol. 2, p. 543, Fatwā No. 406)
◈ Fatāwā Nazīriyyah (Shaykh Naẓīr Ḥusayn Dehlawī):
Same opinion (p. 399)
◈ Mufti ʿAbdullāh Rūprī:
A woman's wilāyah is valid only through the paternal line; maternal relatives have weaker ties and no such right.
(Sharḥ Wiqāyah, Vol. 2)
✔ A marriage without the consent of the walī is invalid according to the Qur’an, Sunnah, and the consensus of jurists.
✔ After the death of the father, the paternal grandfather is the rightful walī.
✔ In the presence of the grandfather or paternal uncle, the mother, maternal grandfather, or maternal uncle cannot assume the role of a walī.
✔ A nikāḥ conducted by the maternal grandfather is void (bāṭil) in Sharīʿah.
Such a contract is not a marriage but a form of fornication (zinā/sifāḥ).
The maternal grandfather must refrain from proceeding with the marriage.
Only the paternal grandfather — ʿAbdul Raḥmān bin ʿUmar Dīn — holds the valid Sharʿī authority (wilāyah) over this girl.
No one else is legally entitled to marry her off.
“This is what I hold to be correct. And Allah knows best.”
❖ Question:
What do the scholars of Islam and jurists of Sharī‘ah decree regarding the following matter:
My son, Muḥammad Rafīq, son of ‘Abdul Raḥmān, passed away in 1985. He left behind five young daughters and one son. I personally took full responsibility for their upbringing and care. Their maternal grandfather played no role whatsoever in their maintenance or guardianship.
Now, my eldest granddaughter has reached maturity, and her maternal grandfather and mother, against my will and without my consent, are trying to forcibly marry her off to a morally corrupt man, even resorting to threats and coercion.
I seek a Shar‘ī ruling:
Can the mother or maternal grandfather conduct the marriage without the consent of the real and compassionate paternal grandfather?
And, will such a marriage be considered valid in Sharī‘ah or not?
It is essential to issue a legal Shar‘ī fatwa.
❖ Answer:
الحمد لله، والصلاة والسلام على رسول الله، أما بعد!
In accordance with the conditions of the question:
It is Shar‘an impermissible to contract a marriage without the permission of a Walī (guardian) and in the absence of two upright witnesses. Such a nikāḥ is not valid in Islamic law.
✦ Evidence from the Noble Qur’an:
❶ Sūrah al-Nūr (24:32)
وَأَنكِحُوا الْأَيَامَىٰ مِنكُمْ وَالصَّالِحِينَ مِنْ عِبَادِكُمْ وَإِمَائِكُمْ...
“And marry off the unmarried among you, and the righteous among your male and female slaves…”
❷ Sūrah al-Baqarah (2:221)
وَلَا تُنكِحُوا الْمُشْرِكِينَ حَتَّىٰ يُؤْمِنُوا...
“And do not marry off [your women] to polytheists until they believe…”
❸ Sūrah al-Baqarah (2:232)
فَلَا تَعْضُلُوهُنَّ أَن يَنكِحْنَ أَزْوَاجَهُنَّ...
“Do not prevent them from marrying their [former] husbands...”
These verses clearly show that the guardian (walī) holds an authoritative role in the marriage process. If the walī had no authority, there would be no reason for these Qur’ānic commands to address him.✦ Evidence from Ḥadīth:
Narrated by Abū Mūsā رضي الله عنه:
The Messenger of Allah ﷺ said:
«لَا نِكَاحَ إِلَّا بِوَلِيٍّ»
“There is no nikāḥ (marriage) except with a walī (guardian).”
(Musnad Aḥmad, Abū Dāwūd, al-Tirmidhī, Ibn Ḥibbān, al-Ḥākim — authenticated)
Also referenced in Fiqh al-Sunnah, Vol. 2, p.112
Al-Ḥākim reported that this ruling is authentically narrated from multiple wives of the Prophet ﷺ, including:
- ʿĀ’ishah رضي الله عنها
- Umm Salamah رضي الله عنها
- Zaynab رضي الله عنها
He compiled around thirty authentic aḥādīth on this topic.
✦ Who Is the Primary Walī in Sharī‘ah?
According to Ahl al-Ḥadīth, Ḥanābilah, Shawāfi‘, Ḥanafiyyah, and the majority of scholars:
① The father is the primary walī.
② If the father is deceased, then the paternal grandfather becomes the walī.
③ If he is also absent, then the right continues to ascend (great-grandfather).
④ Then comes the son, followed by the grandson, and so on.
al-ʿUddah Sharḥ ʿUmdat al-Aḥkām (p.362) states:“The one most entitled to marry off a free woman is her father, then her grandfather (and above), then her son, then her grandson (and below).”
✦ Why the Maternal Grandfather (Nānā) Has No Authority (Wilāyah):
◉ The maternal grandfather holds no Sharʿī right to conduct nikāḥ.
◉ Mothers, maternal uncles, grandmothers, or stepfathers are not recognized as legal guardians (awliyā’) in marriage.
Sharḥ Wiqāyah (Ḥanafī Fiqh book) mentions:“Wilāyah (guardianship) belongs to male blood relatives in the paternal line (ʿaṣabah), in the order of inheritance and exclusion.”
Fatāwā Ahl al-Ḥadīth, Vol. 2, pp. 407–408Confirms that wilāyah is only for male paternal relatives like father, grandfather, uncle, etc.
✦ Other Supporting Fatawa:
◈ Dār al-ʿUlūm Deoband Fatwā:
After the father, the grandfather is the walī. If he is not present, then the real brother.
(Vol. 1, p. 429, Fatwā No. 767)
◈ Mufti Muḥammad Shafīʿ Deobandī:
In case of a minor girl, if father and grandfather are absent, then her real brother is the walī — mother or stepfather is not walī.
(Vol. 2, p. 543, Fatwā No. 406)
◈ Fatāwā Nazīriyyah (Shaykh Naẓīr Ḥusayn Dehlawī):
Same opinion (p. 399)
◈ Mufti ʿAbdullāh Rūprī:
A woman's wilāyah is valid only through the paternal line; maternal relatives have weaker ties and no such right.
(Sharḥ Wiqāyah, Vol. 2)
Summary of Ruling
✔ A marriage without the consent of the walī is invalid according to the Qur’an, Sunnah, and the consensus of jurists.
✔ After the death of the father, the paternal grandfather is the rightful walī.
✔ In the presence of the grandfather or paternal uncle, the mother, maternal grandfather, or maternal uncle cannot assume the role of a walī.
✔ A nikāḥ conducted by the maternal grandfather is void (bāṭil) in Sharīʿah.
Such a contract is not a marriage but a form of fornication (zinā/sifāḥ).
❖ Final Verdict:
The maternal grandfather must refrain from proceeding with the marriage.
Only the paternal grandfather — ʿAbdul Raḥmān bin ʿUmar Dīn — holds the valid Sharʿī authority (wilāyah) over this girl.
No one else is legally entitled to marry her off.
“This is what I hold to be correct. And Allah knows best.”
