Source: Fatāwā Muhammadiyyah, Volume 1, Page 697
Question:
What do the scholars of Islam say in light of the Qur’an and Sunnah regarding the following issue:
My daughter Rukhsana alias Raihana, aged approximately 18, daughter of Nazir Ahmad, has been abducted by Manzoor Ahmad, son of Nawab Deen. He is a man of great influence, and he has gone to court and conducted a judicial marriage. I strongly disapprove of this act.
Therefore, I seek clarification in the light of the Qur’an and Sunnah as to whether such a marriage is valid or not. I wish to marry my daughter elsewhere. This marriage took place without my consent and approval, and the girl herself is not pleased with this marriage.
Is a marriage conducted without the consent of the guardian (father) valid according to Shari‘ah?
(Questioner: Nazir Ahmad bin Muhammad Sharif Mochi, Chak No. 10 Bola Garhi, Post Office Pattoki, Tehsil Chunian, District Kasur)
Answer:
الحمد لله، والصلاة والسلام على رسول الله، أما بعد!
If the situation described is accurate, then this marriage is invalid in Sharī‘ah, meaning the nikāḥ did not occur at all.
Evidence from the Qur’an and Hadith
❖ From Ṣaḥīḥ al-Bukhārī:
(بَابُ مَنْ قَالَ: لاَ نِكَاحَ إِلَّا بِوَلِيٍِّقَوْلِ اللَّهِ تَعَالَى: {فَلاَ تَعْضُلُوهُنَّ} [البقرة: 232])
Imām al-Bukhārī titled a chapter:
“Whoever said: There is no marriage except with a guardian.”
Then he quoted the following verses:
◈ Qur’anic Verses:
- ﴿فَلَا تَعْضُلُوهُنَّ﴾ – [Al-Baqarah: 232]
"Do not prevent them from marrying their [former] husbands when they agree among themselves in a lawful manner."
This verse includes both widowed and virgin women. - ﴿وَلَا تُنكِحُوا الْمُشْرِكِينَ حَتَّىٰ يُؤْمِنُوا﴾ – [Al-Baqarah: 221]
"Do not marry polytheists until they believe." - ﴿وَأَنكِحُوا الْأَيَامَىٰ مِنكُمْ﴾ – [An-Nūr: 32]
"Marry off the singles among you."
➤ These verses are addressed to the guardians (awliyā’), indicating that their role in conducting nikāḥ is necessary.
Imām Bukhārī derived from this that a marriage is not valid without the guardian’s consent.
Prophetic Sayings (Aḥādīth)
➊ Ḥadīth of Abū Mūsā al-Ash‘arī رضي الله عنه:
عن أبي موسى أن رسول الله صلى الله عليه وسلم قال: "لا نكاح إلا بولي"
(Ṣaḥīḥ al-Bukhārī, Vol. 2, Pg. 769)
“There is no marriage except with a guardian.”
This narration is also reported by Abū Dāwūd and al-Tirmidhī.
Imām Ibn Ḥibbān and al-Ḥākim graded it as authentic (ṣaḥīḥ).
➋ Ḥadīth of ʿĀ’ishah رضي الله عنها:
عن عائشة أن رسول الله صلى الله عليه وسلم قال:
"أيما امرأة نكحت بغير إذن وليها فنكاحها باطل، فنكاحها باطل، فنكاحها باطل، فإن دخل بها فلها المهر بما استحل من فرجها، فإن اشتجروا فالسلطان ولي من لا ولي له"
(Narrated by Aḥmad, Abū Dāwūd, Ibn Mājah, and al-Tirmidhī who said: ḥadīth ḥasan)
The Messenger of Allah ﷺ said:
“Any woman who marries without the consent of her guardian, her marriage is invalid, her marriage is invalid, her marriage is invalid. If consummation has occurred, she is entitled to the dowry due to the benefit taken from her. And if the guardians disagree, then the authority (ruler or judge) acts as the guardian for one who has no guardian.”
➤ In the presence of the father, no other individual can act as the walī (guardian).
Summary of the Ruling:
① The Qur’anic verses and authentic Aḥādīth establish that marriage without the consent of a guardian is invalid.
② If the father is alive, his consent is a fundamental requirement.
③ Therefore, the so-called judicial marriage in question, conducted without the will of both the girl and her father, is invalid in Sharī‘ah and holds no religious legitimacy.
④ The court also has no Shar‘ī authority to officiate the marriage of a girl who has been abducted and is not herself willing.
⚖ Clarification:
This fatwā solely provides a Shar‘ī explanation of the matter.
Legal implementation and enforcement require authorization and confirmation from a competent judicial authority.
The position is supported by:
➤ Clear Qur’anic verses
➤ Authentic Prophetic traditions
➤ Narrations from over twenty companions of the Prophet ﷺ
All confirming that a marriage without the guardian’s consent is no marriage at all.
The Muftī is not responsible for the legal or judicial consequences.
وَاللّٰهُ أَعْلَمُ بِالصَّوَابِ
And Allah knows best what is correct.
