Nikah Without Wali

CategoriesMarriage [658]

Fatwa ID: 05765

 

Answered by: Maulana Nazrul Islam

 

Question:

 

I’m 18 years old and I want to get married to a 25-year-old and I don’t have a wali because I don’t live with my parents and I and my parents have an issue which can’t be resolved and because I don’t have a wali can we still get married or wali is a must and is it valid to marry without a wali.

 

 

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

 

Answer:

 

According to the Hanafis, the Wali (guardian’s) permission is not a condition for a marriage to become valid for a mature woman who is sane. (1)

 

It is highly discouraged to proceed with Nikah without the permission of the Wali.

 

We also advise against such proceedings generally.

 

We also advise that you forgive your parents if they were at fault, reconcile and reconnect with them.

 

Also, try to keep council and mashwarah from your local scholars regarding this.

 

 

Only Allah knows best.

Written by Maulana Nazrul Islam

Checked and approved by Mufti Mohammed Tosir Miah

Darul Ifta Birmingham

 

 

 

(1)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

الهداية ج١ ص١٩١ دار إحياء التراث

 

About the author