Fatwa ID: 09006
Answered by Maulana Abdurrahman Persaud
Question:
Assalamu Alaikum,
I would like to ask for guidance regarding marriage.
I am 21, and the person I wish to marry is 22. We have known each other for over a year and have done our best to remain within halal limits for the sake of Allah. We want to make our relationship halal through nikah and avoid falling into sin.
His family has accepted me, but my father refuses to approve because he is of a different nationality. My mother has met him and is supportive, but my father remains firm in his refusal.
Would it be permissible for us to perform nikah without my father’s immediate consent, with the intention to inform him later, in order to protect ourselves from sin? Or should we wait until my father approves, even if that may take several years?
We only wish to act in a way that pleases Allah and preserves respect for our parents.
JazakAllah khairan.
In the name of Allah, the Most Gracious, the Most Merciful
Answer:
It is very important to try and convince your father to get his approval, If however, all means have been exhausted in trying to change his mind, only then it would be allowed to marry without his permission.
In principle, according to the Hanafi mazhab (school of thought), if the Nikah is performed in the presence of two males or one male and two females who are adults, Muslims, sane and free, then the Nikah will be valid.[1] The consent of a wali is not a requirement for the validity of Nikah of an adult woman if she is married to a compatible match (kuf). [2]
Only Allah ﷻ knows best.
Written by Maulana Abdurrahman Persaud
Checked and approved by Mufti Mohammed Tosir Miah
Darul Ifta Birmingham
References:
[1]
( وَهُوَ ) أَيْ الْوَلِيُّ ( شَرْطُ ) صِحَّةِ ( نِكَاحِ صَغِيرٍ وَمَجْنُونٍ وَرَقِيقٍ ) لَا مُكَلَّفَةٍ ( فَنَفَذَ نِكَاحُ حُرَّةٍ مُكَلَّفَةٍ بِلَا ) رِضَا ( وَلِيٍّ )
الدر المختار، ص١٨٣، دار الكتب العلمية
[2]
وينعقد نكاح الحرة العاقلة البالغة برضاها وإن لم يعقد عليها ولى بكرا كانت أو ثيبا عند أبي حنيفة وأبي يوسف ” رحمهما الله ” في ظاهر الرواية]
[Ref: Al-Hidaayah, Kitaab an-Nikah, Baab fi al-wilaayah wal kafaa’ah, page 191
بابُ الْأَوْلِيَاءِ وَالْأَكْفَاءِ ( وَيَنْعَقِدُ نِكَاحُ الْحُرَّةِ الْعَاقِلَةِ الْبَالِغَةِ بِرِضَاهَا ) وَإِنْ لَمْ يَعْقِدْ عَلَيْهَا وَلِيٌّ بِكْرًا كَانَتْ أَوْ ثَيِّبًا ( عِنْدَ أَبِي حَنِيفَةَ وَأَبِي يُوسُفَ ) رَحِمَهُمَا اللَّهُ ( فِي ظَاهِرِ الرِّوَايَةِ