❀ Islamic Ruling on Marriage Without Parents’ or Guardian’s Permission ❀
Source: Fatāwā Rāshidiyyah, Page 426
Question
What do the scholars say about this issue: if a girl’s marriage is performed without the consent of her parents, is such a marriage valid or not? And if the girl is not pleased with the marriage but the parents are satisfied, then what will be the Sharʿī status of that marriage?
✔ Answer
Alḥamdulillāh, waṣ-ṣalātu was-salāmu ʿalā Rasūlillāh, Ammā Baʿd!
It must be clearly understood that such a marriage is invalid and ḥarām. The evidence for this is found in the following ḥadīth:
◈ Marriage Without Parents’ Permission
The Messenger of Allah ﷺ said:
((أيماإمرة نكحت بغيرإذن مواليها فنكاحها باطل وثلاث مراة.))
Abū Dāwūd: Kitāb al-Nikāḥ, Bāb fī al-Walī, Ḥadīth no. 2083
“Whichever woman marries without the permission of her guardian, her marriage is invalid, invalid, invalid.”
This proves that if parents are displeased and do not grant consent for marriage, then such a marriage is invalid.
◈ Marriage Without a Guardian
In another ḥadīth, the Prophet ﷺ said:
((لا نكاح إلا بولي.))
Tirmidhī, Kitāb al-Nikāḥ, Bāb mā jāʾa lā nikāḥ illā bi-walī
“There is no marriage without a guardian (walī).”
◈ Marriage Without the Girl’s Consent
If the girl does not agree to the marriage, even if the parents are satisfied, the marriage will not take place. Such a marriage is also ḥarām.
◈ Legal Consequence of Marriage Without a Walī
If someone marries without the permission of a walī, then the marriage is not valid; rather, it is considered zinā, and the punishment of zinā will be applied:
➊ If both are unmarried: 100 lashes will be administered.
➋ If they are married: Rajm (stoning to death) will be carried out.
◈ Forced Marriage
If a woman is forcibly married, she will not be held accountable; only the man will be punished.
Hadhā mā ʿindī, wallāhu aʿlam bis-ṣawāb.
