Home » Hanafi Fiqh » Darulifta-Deoband.com » I want to know we had marriage in court in front of Qazi and advocate without involving our parents so, our nikah is valid or not or we have to do it again because my parents say your nikah is not valid in the absence of your parents and our relation is haram. Kindly suggest us is it valid and halal.

I want to know we had marriage in court in front of Qazi and advocate without involving our parents so, our nikah is valid or not or we have to do it again because my parents say your nikah is not valid in the absence of your parents and our relation is haram. Kindly suggest us is it valid and halal.

Answered as per Hanafi Fiqh by Darulifta-Deoband.com

I want to know we had marriage in court in front of Qazi and advocate without involving our parents so, our nikah is valid or not or we have to do it again because my parents say your nikah is not valid in the absence of your parents and our relation is haram. Kindly suggest us is it valid and halal.

Answer

(Fatwa: 1429/L=520/TL=1433)

If both of you (boy and girl) were present at the time of nikah and there were at least two other Muslims beside you as witness who heard the ijab and-qubul of both of you, then the nikah was correct and valid. The permission of parents is not necessary for the nikah of adult boy and girl. However it is not good for the boy and girl to perform nikah without the permission of their parents.
فلا ينبغى أن يعقد مع المرآة بلا أحد من عصبتها ولا مع عصبة فاسق ولا عند شهود غير عدول خروجا من خلاف الإمام الشافعى (شامى 4/67) وقال فى الدرالمختار: ولاية الاب على المكلفة ولو بكرا وفى الشامي: قوله ولاية ندب أى يستحب للمرأة تفويض أمرها إلى وليها كى لا تنسب إلى الوقاحة بحر: وللخروج من خلاف الشافعى فى البكر (در مختار مع شامى: 4/54)

Allah (Subhana Wa Ta’ala) knows Best

Darul Ifta,
Darul Uloom Deoband

This answer was collected from the official ifta website of Darul Uloom Deoband in India.

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