Validity of nikah without vali and marriage against father’s will for non-virgin girl.

Al-jawab billahi at-taufeeq (the answer with Allah’s guidance)

1) Yes, Nikah will be valid if the boy and girl are both sane, mature and had met the conditions of Kafaa’at or else the parents/guardian will have the right to nullify the marriage. However, the guardian/parents being present is Mustahab (preferable). (Hidayah Vol.2 Pg. 313, Badai’i us Sana’i Vol.2 Pg. 248, Ahsanul Fatawaa Vol. 5 Pg. 96)

2) Though the Nikaah will be valid if the girl marries a person who is her Shar’i match (Kufu) without the permission of her father, the Hadith emphatically mentions that such a Nikaah is void of barakah and blessings. Shar’i Kufu is generally in the the social standing/status of the families and their religious and Deeni committment.

3) There is nothing wrong in marrying a girl who is not a virgin but it is best to marry a virgin.

It is reported in Sunan Ibn Maja and al-Mu`jam al-Kabir of Tabarani that the Messenger of Allah (Sallallahu Alaihi Wasallam) said, “Marry virgins, for they are sweeter mouthed, have more children, and more easily satisfied.”

In Sahih Bukhari, it is reported that `A’isha (RA) said, “O Messenger of Allah, do you not see that if you descended into a valley in which there is a tree that has been eaten from and a tree that has not been eaten from, which would you stop your mount at? He said, ‘The one that has not been eaten from.’ She said, ‘I am that one.’ That is, because the Messenger of Allah (Sallallahu Alaihi Wasallam) did not marry a virgin except her.

Sayyiduna Jabir (RA) reports that the Messenger of Allah (Sallallahu Alaihi Wasallam) asked him, ‘Have you married?’

I said, ‘Yes.’

He (Sallallahu Alaihi Wasallam) said, ‘A virgin or non-virgin?’

I said, ‘A non-virgin.’

He (Sallallahu Alaihi Wasallam) said, ‘Why not a virgin, whom you enjoy and who enjoys you?’

From this, and other hadiths, the scholars have stated that the general Sunnah (unless there are secondary considerations) is to marry a virgin.

And Only Allah Ta’ala Knows Best.

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Moulana Qamruz Zaman
London, UK