❀ The Role of the Guardian (Walī) in Nikah: Presence or Permission? ❀
Source: Ahkam wa Masail, Nikah ke Masail, Vol. 1, Page 319
❖ Question
Is the physical presence of the walī (guardian) necessary at the time of nikah, or is his permission alone sufficient?
❖ Answer
Al-ḥamdu lillāh, waṣ-ṣalātu waṣ-salāmu ʿalā Rasūlillāh, Ammā Baʿd!
If the walī himself is present at the time of nikah, then his presence is preferable.
However, if the walī is not present, then his permission alone is sufficient, on the condition that:
◈ The permission is given willingly and with full consent, and
◈ There exists a clear proof of this permission.
Thus, while the walī’s presence is more virtuous, in his absence the nikah is valid if permission is granted with satisfaction and proper evidence is available.
ھذا ما عندي والله أعلم بالصواب
