2. In a Muslim or non-Muslim country, if an adult Muslim male wants to secretly marry a Christian/Jewish adult female in order to save themselves from falling prey to zina with each other or with others or with each other and others or in order to draw-out from their existing secret/open zina relation-ship which they have with each other or which they have with others or which they have with each other and others and create a secret halal relation-ship just to stop from sinning but the female? Guardian refuses or is likely to refuse the marriage for some reason then who can she appoint as her Guardian (Walee/Wakeel) in the secret Nikah if no-one in authority who has leader-ship roles (Mullahs, Imams of mosques, leaders of Islamic Institutes, leaders in societies etc.) wants to be her (Walee/Wakeel) or is not available for the Nikah and will such a Nikah without the consent of her parents be valid ? 3. Does she have the rights to appoint a (Walee/Wakeel) herself whoever (mahram/non-mahram) she thinks will accept the Nikah without consulting her people who the Fuqaha have put in order as her possible Walees/Wakeels if she thinks that they would refuse the Nikah and so better not to tell them about it ?
According to the Hanafi Madhab, every adult male and female has an
independent Shar’ee right to marry a person of his/her choice. The adult
male or female does not require the consent of his/her guardian (Wakeel).
However, an adult Muslim female cannot marry a person who is not compatible
(Kufu) in terms of family status. If she exercises her Shar’ee right and
marries out of Kufu, then her guardian, for example, father has a right to
object. In this case, the marriage will be suspended on the husband’s
consent and permission.
and Allah Ta’ala Knows Best
Mufti Ebrahim Desai