Assalam-o-alekum Is the Niqah valid in the absence of a wali from girl’s side? The nikaah was performed in the presence of witnesses but no guardian (mother/father/brother) was present from Girl’s side.The girls and the boy’s parents were not aware of this.Howver, the girls mother has come to know of the reality one year later and has passively accepted the fact.Please let me know in the light of shaiiah, if the nikah is vald or not. Thanks
Answer
(Fatwa: 1148/959=D/1430)
It is better and afdhal that the wali (guardian) of mature girl is present in the meeting of Nikah or the Nikah is solemnized with his permission, but it is not necessary for the validity of Nikah. So, if a mature girl marries a boy of his match (kufu) with due process, the nikah will take effect whether the wali is present or not. Therefore, the aforesaid Nikah performed with match (kufu) is valid.
Allah (Subhana Wa Ta’ala) knows Best
Darul Ifta,
Darul Uloom Deoband