Fatwa ID: 03777

Answered by: Alimah Sumeyye Sofu

Question

If the girl and the boy have reached the age of maturity, can they marry without the consent of parents (Wali) because they are not agreeing to it?

بِسْمِ اللهِ الرَّحْمنِ الرَّحِيْم

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

Answer:

A free, sane, mature lady can marry without the permission of her wali (guardian) according to Imam Abu Hanifa and according to the most apparent opinion (zahir-e- riwayath) of Imam Abu Yusuf. Another opinion of Imam Abu Yusuf is that nikah will not be valid without the consent of the wali.

Imam Muhammad states that the nikah will be mawqoof (pending) upon the permission of the wali.  It has been narrated that Imam Muhammad changed his opinion to that of Imam Abu Hanifa and Imam Abu Yusuf’s.[1]

Although various opinions have been given in this regard, the most authentic in the Hanafi Fiqh is that a woman can marry without the consent of her Wali as long as the other conditions for nikaah are met.

The conditions for a nikaah to be valid according to Shariah are that there should be offer and acceptance (from the couple or a proxy) in one session, which should take place in the presence of two adult male witnesses or one adult male and two adult female witnesses.[2]

In my humble opinion, it will be best for them to not marry without the consent of the parents. A lot of problems will arise in their marriage. And also nobody can protect a woman better than her own family. She should not hurt them.

Shariah always stresses on keeping the parents happy and marrying in their absence would of course upset them.

For more information, please check the following website; http://daruliftabirmingham.co.uk/marrying-same-woman-twice-and-nikah-without-wali/

Only Allah knows best

Written by Alimah Sumeyye Sofu

Checked and approved by Mufti Mohammed Tosir Miah

Darul Ifta Birmingham