Authored by: Shaykh Mubashar Ahmad Rabbani (حفظہ اللہ)
Often, when a boy and girl involved in illicit relationships elope, they seek refuge in the police or courts to legitimize their behavior under the guise of marriage, without the consent of the girl’s guardian (wali). This practice has unfortunately become prevalent, especially among rebellious girls who disregard family values.
Some so-called scholars also lend support to such marriages, ignoring the dishonor and helplessness of respectable parents. However, there are rare judges who uphold the principles of Shariah, discourage such actions, and issue rulings based on the Quran and Sunnah. Unfortunately, most court rulings deem such marriages valid if the boy and girl declare their marital commitment, even without the wali’s consent.
Question:
What is the Islamic ruling on court marriages?Answer:
In contemporary society, immorality, indecency, and immodesty have become widespread under the guise of "freedom of choice" and "women's empowerment." Many external influences, such as Jewish organizations, secular feminist movements, and so-called academics with degrees in Islamic studies under Western systems, are actively contributing to this moral decay.Often, when a boy and girl involved in illicit relationships elope, they seek refuge in the police or courts to legitimize their behavior under the guise of marriage, without the consent of the girl’s guardian (wali). This practice has unfortunately become prevalent, especially among rebellious girls who disregard family values.
Some so-called scholars also lend support to such marriages, ignoring the dishonor and helplessness of respectable parents. However, there are rare judges who uphold the principles of Shariah, discourage such actions, and issue rulings based on the Quran and Sunnah. Unfortunately, most court rulings deem such marriages valid if the boy and girl declare their marital commitment, even without the wali’s consent.
Shariah Ruling:
According to the Quran and Sunnah, such marriages are invalid and impermissible because:- Guardian’s Consent is Mandatory:
- In Islam, a marriage contract requires the permission of the woman’s guardian (wali).
- A marriage conducted without the wali’s approval is deemed void.
- The Prophet Muhammad (ﷺ) said:
(Sunan Abu Dawood, Hadith 2085) - Court Marriage Violates Shariah Principles:
- When a boy and girl bypass their families, particularly the girl’s wali, the resulting marriage fails to fulfill the conditions of a valid Islamic marriage.
- The absence of the wali renders the marriage null and void according to Islamic law.
- Consequences of Such Marriages:
- These marriages undermine family structure and authority.
- They encourage disobedience towards parents and promote moral corruption in society.