Source: Fatāwā Muḥammadiyyah, Volume 1, Page 673
What do the scholars of Islam and jurists of Sharīʿah say about a case where a mature, sane girl was married secretly without her father's permission, while her mother and brother were present? Is such a marriage valid according to Islamic law or is it invalid?
Al-ḥamdu lillāh, and peace and blessings be upon the Messenger of Allah. To proceed:
If the scenario mentioned in the question is accurate, then according to Islamic principles, the validity of a marriage depends upon the permission of the nearest guardian (walī al-aqrab). If the marriage is conducted without the consent of the walī, then — based on clear Qur’anic verses and authentic ahādīth — such a nikāḥ is not valid in Sharīʿah.
➊ Sūrah al-Nūr, verse 32:
"وَأَنكِحُوا الْأَيَامَىٰ مِنكُمْ..."
“Marry off those among you who are single…”
This verse addresses the guardians to arrange marriages, showing their authority and responsibility.
➋ Sūrah al-Baqarah, verse 221:
"وَلَا تُنكِحُوا الْمُشْرِكِينَ حَتَّىٰ يُؤْمِنُوا..."
“Do not marry [your women] to polytheists until they believe…
➌ Sūrah al-Baqarah, verse 232:
"فَلَا تَعْضُلُوهُنَّ أَن يَنكِحْنَ أَزْوَاجَهُنَّ..."
“Do not prevent them from marrying their [former] husbands…”
These verses demonstrate that guardians (awliyā’) have authority in the matter of marriage, because if they had no role, the Qur’an would not have addressed them directly.
➊ Ḥadīth of Abū Mūsā al-Ashʿarī رضي الله عنه:
"لَا نِكَاحَ إِلَّا بِوَلِيٍّ"
“There is no nikāḥ without a walī.
(Narrated by Aḥmad, al-Tirmidhī, Ibn Ḥibbān, al-Ḥākim – authenticated by both; also in Fiqh al-Sunnah, Vol. 2, p. 112)
➋ Ḥadīth of ʿĀʾishah رضي الله عنها:
"أَيُّمَا امْرَأَةٍ نَكَحَتْ بِغَيْرِ إِذْنِ مَوَالِيهَا، فَنِكَاحُهَا بَاطِلٌ، بَاطِلٌ، بَاطِلٌ"
“Any woman who marries without the permission of her guardian — her marriage is invalid, invalid, invalid.”
(Narrated by Aḥmad, Abū Dāwūd, Ibn Mājah, al-Tirmidhī – who graded it ḥasan ṣaḥīḥ; Fiqh al-Sunnah, Vol. 2, p. 112)
① Father
② Paternal grandfather
③ Full brother
④ Paternal half-brother
⑤ Full nephew
⑥ Paternal half-nephew
⑦ Paternal uncle
⑧ Uncle’s son
⑨ Then the qāḍī (Islamic judge)
(Fiqh al-Sunnah, Vol. 2, p. 117)
According to this sequence, if the father is alive, no one else can assume the role of walī in his presence.
“In all cases, a woman must have a walī. The father is the first in order, although some say the son is first.”
(Vol. 3, p. 417)
✿ Since in this case the marriage was conducted secretly without the permission of the father, and only the mother and brother were present:
The marriage is invalid according to Islamic law.
The mother has no authority to act as walī.
The brother cannot be walī in the presence of the father.
If the father is sane and well-intentioned, his permission is necessary.
Hence, such a marriage is null and void and has no standing in Sharīʿah.
⚠ Note: This fatwa is based solely on the information provided in the question. The issuing mufti bears no responsibility for any legal shortcomings or court proceedings.
Conclusion:
This marriage is Islamically invalid and must be annulled.
❖ Question:
What do the scholars of Islam and jurists of Sharīʿah say about a case where a mature, sane girl was married secretly without her father's permission, while her mother and brother were present? Is such a marriage valid according to Islamic law or is it invalid?
✿ Answer:
Al-ḥamdu lillāh, and peace and blessings be upon the Messenger of Allah. To proceed:
If the scenario mentioned in the question is accurate, then according to Islamic principles, the validity of a marriage depends upon the permission of the nearest guardian (walī al-aqrab). If the marriage is conducted without the consent of the walī, then — based on clear Qur’anic verses and authentic ahādīth — such a nikāḥ is not valid in Sharīʿah.
❀ Evidence from the Qur'an:
➊ Sūrah al-Nūr, verse 32:
"وَأَنكِحُوا الْأَيَامَىٰ مِنكُمْ..."
“Marry off those among you who are single…”
This verse addresses the guardians to arrange marriages, showing their authority and responsibility.➋ Sūrah al-Baqarah, verse 221:
"وَلَا تُنكِحُوا الْمُشْرِكِينَ حَتَّىٰ يُؤْمِنُوا..."
“Do not marry [your women] to polytheists until they believe…
➌ Sūrah al-Baqarah, verse 232:
"فَلَا تَعْضُلُوهُنَّ أَن يَنكِحْنَ أَزْوَاجَهُنَّ..."
“Do not prevent them from marrying their [former] husbands…”
These verses demonstrate that guardians (awliyā’) have authority in the matter of marriage, because if they had no role, the Qur’an would not have addressed them directly.❀ Evidence from Hadith:
➊ Ḥadīth of Abū Mūsā al-Ashʿarī رضي الله عنه:
"لَا نِكَاحَ إِلَّا بِوَلِيٍّ"
“There is no nikāḥ without a walī.
(Narrated by Aḥmad, al-Tirmidhī, Ibn Ḥibbān, al-Ḥākim – authenticated by both; also in Fiqh al-Sunnah, Vol. 2, p. 112)➋ Ḥadīth of ʿĀʾishah رضي الله عنها:
"أَيُّمَا امْرَأَةٍ نَكَحَتْ بِغَيْرِ إِذْنِ مَوَالِيهَا، فَنِكَاحُهَا بَاطِلٌ، بَاطِلٌ، بَاطِلٌ"
“Any woman who marries without the permission of her guardian — her marriage is invalid, invalid, invalid.”
(Narrated by Aḥmad, Abū Dāwūd, Ibn Mājah, al-Tirmidhī – who graded it ḥasan ṣaḥīḥ; Fiqh al-Sunnah, Vol. 2, p. 112)❀ Order of Guardianship (Walī) According to Imām al-Shāfiʿī رحمه الله:
① Father
② Paternal grandfather
③ Full brother
④ Paternal half-brother
⑤ Full nephew
⑥ Paternal half-nephew
⑦ Paternal uncle
⑧ Uncle’s son
⑨ Then the qāḍī (Islamic judge)
(Fiqh al-Sunnah, Vol. 2, p. 117) According to this sequence, if the father is alive, no one else can assume the role of walī in his presence.❀ Fatāwā Ahl al-Ḥadīth (Fatāwā Rūparīyyah):
“In all cases, a woman must have a walī. The father is the first in order, although some say the son is first.”
(Vol. 3, p. 417) Sharʿī Ruling on the Case:
✿ Since in this case the marriage was conducted secretly without the permission of the father, and only the mother and brother were present:
The marriage is invalid according to Islamic law. The mother has no authority to act as walī. The brother cannot be walī in the presence of the father. If the father is sane and well-intentioned, his permission is necessary.Hence, such a marriage is null and void and has no standing in Sharīʿah.
⚠ Note: This fatwa is based solely on the information provided in the question. The issuing mufti bears no responsibility for any legal shortcomings or court proceedings.
Conclusion:This marriage is Islamically invalid and must be annulled.
