Not in touch with father is his consent still required

What can a Muslimah do if she doesnt have a father/or is not in touch with her father and his side of the family for more than 10 years, and is ready to settle down?.  Her mother’s side of the family are all aware of the marriage proposal, totally support it, and she has uncle’s that can give her away ?
Do you still need your father’s signature/approval, even if both parties have completely cut ties and not in speaking terms with each other ?

   

In the name of Allah, the most Beneficent, the most Merciful.

Answer

The initial view of the Hanafi school of thought was that the marriage of a free sane adult woman without the approval of her guardian is valid if the person she is marrying is a legal and suitable match for her in terms of their religion, independence, lineage and possession. If the person happens to be unsuitable for her in terms of the aforementioned categories then the marriage will be deemed invalid.

However due to the corrupt nature of society today (Fasad-zaman), if a free, sane adult women gets married without her guardians consent, the marriage will be valid irrespective of whether the man is a suitable match for her or not.

(Raddul-Muhtar p157v4)

According to the teachings of Imam Shafee, Imam Malik and Imam Ahmed bin Hanbal (RA) it is necessary for a woman to seek permission from her guardian in order to get married.

“The Prophet of Allah Sallallahu Alahi Wasalam has said, “There is no marriage without the consent of the guardians.” (Sunan Abu Dawud P284v1 & Sunan Ibn Majah p135 v1)

In regards to your question even though you have completely cut ties with your father he still remains a wali, thus if your following the Hanafi school of thought the marriage will be done, although slightly disliked (Makruh Tanzihi) however according to the teachings of Imam Shafee, Imam Malik and Imam Ahmed bin Hanbal (ra), the marriage will not be done at all.

Only Allah Knows Best

Mohammed Tosir Miah

Darul Ifta Birmingham.

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