I would like to know if a nikkah without a wali present is valid?bearng in mind that thr female is now 21 and her parents did not agree of a nikkah so soon due to her studies and compatibility..she had made nikkah without her wali. Is this valid?
In the Name of Allah, the Most Gracious, the Most Merciful.
As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.
In principle, according to the Hanafi Mazhab, an adult girl has an independent right to get married according to her wish. She does not require the consent of her wali. If the Nikah was conducted in the presence of two male witnesses or one male and two female witnesses, then the Nikah will be valid [1]
However, from a moral perspective, she should consult her father and be represented by him. In an unfortunate situation, where the father is being unreasonable and does not cooperate in getting his daughter married, then if she decides to marry without being represented by her father, her marriage will be valid.[2]
And Allah Ta’āla Knows Best
AbdulMannan Nizami
Student Darul Iftaa
Chicago, IL, USA
Checked and Approved by,
Mufti Ebrahim Desai.
www.daruliftaa.net
[1] و ينعقد نكاح المراة الحرة البالغة العاقلة برضاها فقط سواء باشرته بنفسها أو وكلت غيرها و أن لم يعقد عليها ولى و لم ياذن به
[اللباب في شرح الكتاب، ص٤١٤، بشار بكري]
عَنْ عَبْدِ اللهِ بْنِ الزُّبَيْرِ، أَنَّ النَّبِيَّ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ قَالَ: ” أَعْلِنُوا النِّكَاحَ
مسند أحمد, ج.٢٦, ص.٥٣, مؤسسة الرسالة