Fatwa ID: 03473

Answered by: Maulana Muddasser Dhedhy​

Question

I have a question regarding Nikah. I have been in a haram relationship with a female and want to make things right. We have told our parents and they have approved of the relationship but have said to do an engagement only without Nikah (as they do not approve of carrying out a Nikah whilst both of us live separately).  Hence, we have been told to wait until we finish studying and only then Nikah can happen. We still have a few years left to study so the Nikkah is not going to happen anytime soon.

I wanted to know if it is permissible to do the Nikah without our parents knowing at all as I will still be in contact with this girl and want to avoid falling into sin. Her brother and father have accepted the relationship but not to Nikah at the moment. They want to wait until we finish studying. Therefore, would it be possible to do Nikah without the girl's wali? I do recall someone saying an imam can act as a wali if the girl's brother or dad don't agree.

بِسْمِ اللهِ الرَّحْمنِ الرَّحِيْم

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

Answer:

If one is afraid of committing sin and is able to marry, then it becomes wajib upon them to marry straight away.^[1]

The nikah of a mature woman (baaligah) who gets married without a guardian (wali) is valid, provided that it is done in Kuf’ (i.e. with a man that is similar to her in lineage, adherence to Islam and profession).^[2]

In this situation, you should try to explain to your parents and be open with them and express your concern about falling into greater sin. You should also speak to an influential member of the family to convince your family to have the Nikah done as soon as possible.

Only Allah knows best

Written by Maulana Muddasser Dhedhy

Checked and approved by Mufti Mohammed Tosir Miah

Darul Ifta Birmingham