Category: Marriage (Nikah)
Fatwa#: 41588
Asked Country: Canada

Answered Date: Feb 08,2019

Title: Nikaah without fathers consent

Question

Asslamoualaikoum  I have a question , i am 35 years old and i am an independent woman . My parents never find a guy for me to marry . My dad is having affair with young women online which i caught him so many times .He never cares about my wedding . So I know a guy who for several years  only issues is he is not canadian he is pakistani...... my parents know we were talking to years but they never bother to get me marry to him .. so as i am getting old , i had to take the situation in my hand and wanted to settle down......I went on a vacations  and he proposed me . Instead of talking to him evereyday , we decided to do it the halal way . we called a license  imam and in the court  and he did our nikka . my husband brought 2 wali from his side and he even give me the mehr. One more thing my parents have financial difficulties and they wouldnt be able to come to my wedding over there and celebrate it ... so just to avoid all this hassle and the  cost i married him.   my in laws are very supportive and they fully accept me ... they even organize a walima as well for me there . when i came back from my vacations i told my parents. All of a sudden my father started sending me hadith that my wedding is invalid . We are sunni hanafi . As per my knowledge the wedding is valid and that what the imam told me. And i know i will not get the blessing of my dad . My mum she accept it  and my sisters and everyone else excpt my dad ....... My intention was not to hurt them or do something behind their back , as my age of 35 i want to settle down and start a family . My family never cared about it .  One more thing  everything happen in UAE , so everything was done islamically ...... what does islam says about it  is it valid or not .thank you wassalam

Answer

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

As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.

According to the Hanafi school of thought, an adult woman may get herself married even without the consent of her wali (guardian) if she marries a person of an equal status (kufu).[i]  Your marriage to the Pakistani person is valid. Your husband not being Canadian is not against Kufu.

And Allah Ta’āla Knows Best

Muhammad Yusuf bin Moulana Abdur Rahim Khan

Student Darul Iftaa
Chatsworth, Durban, KZN, South Africa

Checked and Approved by,
Mufti Ebrahim Desai.

 


[i] الدر المختار شرح تنوير الأبصار وجامع البحار (ص: 183)

(وهو) أي الولي (شرط) صحة (نكاح صغير ومجنون ورقيق) لا مكلفة (فنفذ نكاح حرة مكلفة بلا) رضا (ولي)

 

التجريد للقدوري (9/ 4237)

مسألة 1027

حكم اشتراط الولي في النكاح

كفؤا صح عقدها. - قال أبو حنيفة: إذا زوجت الحرة البالغة العاقلة نفسها بغير إذن وليها

 

شرح مختصر الطحاوي للجصاص (4/ 255)

مسألة: [جواز نكاح المرأة بغير أمر وليها]

قال أبو جعفر: (وإذا تزوجت المرأة البالغة، الصحيحة العقل بغير أمر وليها: فالنكاح جائز، وإن كان كفؤًا لها، لم يكن للأولياء أن يفرقوا بينهما

DISCLAIMER - AskImam.org questions
AskImam.org answers issues pertaining to Shar'ah. Thereafter, these questions and answers are placed for public view on www.askimam.org for educational purposes. However, many of these answers are unique to a particular scenario and cannot be taken as a basis to establish a ruling in another situation or another environment. Askimam.org bears no responsibility with regards to these questions being used out of their intended context.
  • The Shar's ruling herein given is based specifically on the question posed and should be read in conjunction with the question.
  • AskImam.org bears no responsibility to any party who may or may not act on this answer and is being hereby exempted from loss or damage howsoever caused.
  • This answer may not be used as evidence in any Court of Law without prior written consent of AskImam.org.
  • Any or all links provided in our emails, answers and articles are restricted to the specific material being cited. Such referencing should not be taken as an endorsement of other contents of that website.