Marriage Without the Father’s Permission and Its Sharʿi Ruling
Source: Fatāwā Rāshidiyyah, p. 447
❀ Question
What do the scholars of Islam say regarding the case where a girl eloped with a man named ʿAbd al-Raḥīm? In this matter, the girl’s mother was also agreeable and herself consented by sending the girl with ʿAbd al-Raḥīm. He then married the girl, and even took her to court for her statement. Later, when the girl was found again, she was pregnant. According to the Sharīʿah of Muḥammad ﷺ, what punishment should be applied to this girl?
❀ Answer
Al-ḥamdu lillāh, waṣ-ṣalātu was-salāmu ʿalā Rasūlillāh, ammā baʿd!
In this case, it must be understood that such a marriage is not valid, even though the girl’s mother participated in it and gave her consent. The reason is that the right of wilāyah (guardianship) belongs to the father, and in this case, the father is alive.
As mentioned in the ḥadīth:
((لانكاح إلابولى.))
And in another ḥadīth:
((أيماإمرأة نكحت بغيرإذن وليها فنكاحها باطل فنكاحها باطل فنكاحها باطل.))
(Musnad Aḥmad, Ibn Mājah: Kitāb al-Nikāḥ, Bāb Lā Nikāḥ Illā bi-Walī)
Therefore, this marriage of ʿAbd al-Raḥīm is void according to Sharīʿah. In such a situation, the act committed by him is zinā (fornication/adultery), and the ḥadd punishment for zinā will be applicable upon him. Likewise, the corresponding punishment for zinā will be applied.
ھذا ما عندی واللہ اعلم بالصواب۔
