Fatwa ID: 05028

Answered by: Imam Abdul-Malik Sheikh

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:

The position of the Hanafi Madhab is that a free and sane woman can marry without the consent of the wali if she is marrying someone who is legally permissible for her to marry and the person is a suitable match then such a marriage contract will be valid.

Allāh says:

“And marry the unmarried among you and the righteous among your male slaves and female slaves” (Surah an-Nur: 32)

“And do not marry polytheistic men until they believe” (Sūrah al-Baqarah:221)

However, if the husband is not a suitable match for the woman, then her guardians have the right to object and demand the annulment of the marriage contract.

It is not clear from your question what the issue is that is preventing you from seeking your guardian’s approval. Therefore, my advice would be to refer this matter to your local Imām or Alim for a more elaborate answer and guidance.

Reference:

Al-Inayah Sharh al-Hidayah, Vol. 3, 260, Dar al-Fikr

Only Allah knows best

Written by Imam Abdul-Malik Sheikh

Checked and approved by Mufti Mohammed Tosir Miah

Darul Ifta Birmingham