Source: Fatāwā Amunpuri by Shaykh Ghulām Mustafa Zaheer Amunpuri
A woman’s first marriage took place without the permission of her guardian (walī), and later she married another man with her guardian’s consent. What is the ruling?
Since the first marriage occurred without the walī's permission, it is invalid and not legally binding in Islamic law. Therefore, the woman may marry another man without the need for divorce or annulment from the first man.
The second marriage, which was conducted with the walī’s approval, is valid and correct.
أيما امرأة نكحت بغير إذن وليها فنكاحها باطل، نكاحها باطل، نكاحها باطل
(Sunan Abī Dāwūd: 2083, Sunan at-Tirmidhī: 1102, as-Sunan al-Kubrā by al-Bayhaqī: 7/105)
“Any woman who marries without the permission of her guardian—her marriage is invalid, her marriage is invalid, her marriage is invalid.”
Isnād Status: Ḥasan (Sound)
✔ A marriage without a walī’s permission is invalid.
✔ No divorce or khulʿ is required from that invalid union.
✔ The second marriage, done with a walī, is valid and Islamic.
❖ Question:
A woman’s first marriage took place without the permission of her guardian (walī), and later she married another man with her guardian’s consent. What is the ruling?
✿ Answer:
Since the first marriage occurred without the walī's permission, it is invalid and not legally binding in Islamic law. Therefore, the woman may marry another man without the need for divorce or annulment from the first man.
The second marriage, which was conducted with the walī’s approval, is valid and correct.
❀ Prophetic Statement:
أيما امرأة نكحت بغير إذن وليها فنكاحها باطل، نكاحها باطل، نكاحها باطل
(Sunan Abī Dāwūd: 2083, Sunan at-Tirmidhī: 1102, as-Sunan al-Kubrā by al-Bayhaqī: 7/105)
“Any woman who marries without the permission of her guardian—her marriage is invalid, her marriage is invalid, her marriage is invalid.”
Isnād Status: Ḥasan (Sound)
Conclusion:
✔ A marriage without a walī’s permission is invalid.
✔ No divorce or khulʿ is required from that invalid union.
✔ The second marriage, done with a walī, is valid and Islamic.
