Fatwa ID: 05070

Answered by: Mufti Muddasser Dhedhy

Question

The girl is Libyan, we have been trying to get her family to change the mind for the past 10 months. But they are too stuck in the tradition. The girl is British-born, she is a doctor. The father knows that she is getting married and he said it’s ok but doesn’t want to be present at nikah.

I spoke to a Maulana and he said it’s fine that’s why I have made arrangements for the day and booked a small hall for food etc. We have both sent out invitations too.

The family has no reason apart from me not being Libyan and not being from the tribe. I am a Muslim and she is a Muslim, we are trying to do something Halal. And we do not want to sin, we want to complete half of our Deen.

In the Name of Allah, the Most Gracious, the Most Merciful

Answer:

In a marital decision, it is best if close family members (i.e. parents, siblings, etc.) of both parties are involved so that problems do not arise in the future.

A sane and mature girl has an independent right to get married. She does not require the consent or physical presence of her parents or her representative (wali). Hence, if the Nikah is conducted with all the conditions having been met (i.e. presence of witnesses, the boy, and girl being a compatible match (kufu) for each other) the Nikah will be valid.^[1]

At this stage, you may want to involve some influential people in the family or area to convince the girl’s father to attend the Nikah.

Only Allah knows best

Answered by Mufti Muddasser Dhedhy

Checked and approved by Mufti Mohammed Tosir Miah

Darul Ifta Birmingham

^[1] نَفَذَ نِكَاحُ حُرَّةٍ مُكَلَّفَةٍ بِلَا وَلِيٍّ عِنْدَ أَبِي حَنِيفَةَ وَأَبِي يُوسُفَ – رَحِمَهُمَا اللَّهُ تَعَالَى – فِي ظَاهِرِ الرِّوَايَةِ، كَذَا فِي التَّبْيِينِ. (الفتاوى الهندية ج 1 ص 316. دار الكتب العلمية)