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Marriage without Mother’s Permission

Answered as per Hanafi Fiqh by Askmufti.co.za

Q: I am 25 years old and in love with a girl. Her father is dead. Her mother is not ready to accept me. She lives with her mother and a sister and her mother’s brother. They are not in contact with their father’s side. I want to do make Nikah (marriage) with her. Can I make my friend her wali (guardian) and marry her in presence of an Aalim and two witnesses?

A: The marriage will be valid (according to the Hanafi Madhab but not according to the Shaafi’ee Madhab) but it is morally necessary to secure her mothers permission. Marriage without her permission will cause this marriage to be without blessings. Do not become a cause of hurting the feelings of her mother who sacrificed so much for her in bringing her up and rearing her. First win over the heart of the mother.

May Allah Ta’aala make it easy for you, Aameen.

Moulana Yusuf Laher

This answer was collected from AskMufti.co.za, which is operated under the supervision of Mufti Siraj Desai of Darul-Uloom Abubakr, South Africa.

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