Question:
A woman got married with her maternal uncle acting as her guardian (wali) in the marriage contract. She seeks clarity regarding the validity of this marriage.
Answer:
This marriage is invalid due to the absence of a valid guardian (wali), as having a wali is one of the essential conditions for a valid marriage contract. A maternal uncle cannot serve as a wali in a marriage. Without a valid wali, the marriage is considered null and void, which is the opinion of the majority of Islamic scholars (jumhur al-ulama) and the well-known position in the Hanbali school of thought.
«لَا نِكَاحَ إِلَّا بِوَلِيٍّ»
“There is no (valid) marriage except with a wali.”
[Ṣaḥīḥ - Sunan Abu Dawood, Hadith No. 2085; Sunan al-Tirmidhi, Hadith No. 1101]
This hadith has been reported by Ahmad and the compilers of Sunan. It was authenticated by Ibn al-Madini.
Additionally, Aisha (رضي الله عنها) narrated that the Prophet Muhammad (ﷺ) said:
«أَيُّمَا امْرَأَةٍ نَكَحَتْ نَفْسَهَا بِغَيْرِ إِذْنِ وَلِيِّهَا فَنِكَاحُهَا بَاطِلٌ، بَاطِلٌ، بَاطِلٌ، فَإِنْ دَخَلَ بِهَا فَلَهَا الْمَهْرُ بِمَا اسْتَحَلَّ مِنْ فَرْجِهَا، فَإِنِ اشْتَجَرُوا فَالسُّلْطَانُ وَلِيُّ مَنْ لَا وَلِيَّ لَهُ»
“Any woman who marries herself without the permission of her wali, her marriage is invalid, invalid, invalid. If he consummates the marriage with her, she is entitled to the dowry due to making her private parts lawful for him. If there is a dispute regarding the wali, then the ruler will act as the wali for anyone who has no wali.”
[Ṣaḥīḥ - Sunan Abu Dawood, Hadith No. 2083]
This hadith was also narrated by Ahmad, Abu Dawood, and al-Tirmidhi, who authenticated it.
A woman got married with her maternal uncle acting as her guardian (wali) in the marriage contract. She seeks clarity regarding the validity of this marriage.
Answer:
This marriage is invalid due to the absence of a valid guardian (wali), as having a wali is one of the essential conditions for a valid marriage contract. A maternal uncle cannot serve as a wali in a marriage. Without a valid wali, the marriage is considered null and void, which is the opinion of the majority of Islamic scholars (jumhur al-ulama) and the well-known position in the Hanbali school of thought.
Evidence from Hadith
The scholars derive this ruling from the hadith narrated by Abu Musa al-Ash'ari, where the Prophet Muhammad (ﷺ) said:«لَا نِكَاحَ إِلَّا بِوَلِيٍّ»
“There is no (valid) marriage except with a wali.”
[Ṣaḥīḥ - Sunan Abu Dawood, Hadith No. 2085; Sunan al-Tirmidhi, Hadith No. 1101]
This hadith has been reported by Ahmad and the compilers of Sunan. It was authenticated by Ibn al-Madini.
Additionally, Aisha (رضي الله عنها) narrated that the Prophet Muhammad (ﷺ) said:
«أَيُّمَا امْرَأَةٍ نَكَحَتْ نَفْسَهَا بِغَيْرِ إِذْنِ وَلِيِّهَا فَنِكَاحُهَا بَاطِلٌ، بَاطِلٌ، بَاطِلٌ، فَإِنْ دَخَلَ بِهَا فَلَهَا الْمَهْرُ بِمَا اسْتَحَلَّ مِنْ فَرْجِهَا، فَإِنِ اشْتَجَرُوا فَالسُّلْطَانُ وَلِيُّ مَنْ لَا وَلِيَّ لَهُ»
“Any woman who marries herself without the permission of her wali, her marriage is invalid, invalid, invalid. If he consummates the marriage with her, she is entitled to the dowry due to making her private parts lawful for him. If there is a dispute regarding the wali, then the ruler will act as the wali for anyone who has no wali.”
[Ṣaḥīḥ - Sunan Abu Dawood, Hadith No. 2083]
This hadith was also narrated by Ahmad, Abu Dawood, and al-Tirmidhi, who authenticated it.
Steps to Address Such Marriages
If either party claims to have been deceived regarding the validity of the marriage, their claim can be addressed without issue. However, if both parties wish to continue the marriage, a new marriage contract must be initiated with the consent of a valid wali. There is no requirement for the woman to observe the waiting period (iddah) in this case, as the invalid contract does not establish the rulings of a valid marriage, and the man’s fluid has already entered her womb (if consummation occurred).If They Do Not Wish to Continue
If both parties decide not to continue the relationship, they should be separated. In this case:- The man must issue a formal divorce (talaq), as an invalid marriage requires formal separation through divorce.
- If the man refuses to divorce, the judge (qadi) will annul the marriage.