Home » Hanafi Fiqh » Daruliftaa.com » Nikah without Parental Approval

Nikah without Parental Approval

Answered as per Hanafi Fiqh by Daruliftaa.com

I’m from America but I have been in Syria for a year now studying Arabic. I am interested in marrying a Palestinian girl from America but the problem is that the parents won’t allow ANYONE to marry her unless he is a Palestinian. My origin is Iranian (sunni not shia), so they would never allow her to marry me and thats the only objection they would have.

So my question is: I know that the position of Abu Hanifa is that the marriage without a wali is valid, even if they are not kuf’. And she is 5o% sure her parents would eventually forgive her. So is it permissible for her to marry me, then come with me to syria and then later explain to her parents what happened? Or is it better for us to just not get married?


In the name of Allah, Most Compassionate, Most Merciful,

According to the famous relied upon position in the Hanafi school, the marriage of a woman without the approval of her guardian (wali) is only valid if the person she is marrying is legally considered to be a suitable match (kuf’). Otherwise, the marriage is invalid, and they would be considered to be living in adultery (zina). This is the position adopted by the overwhelming majority of the Hanafi fuqaha, and was chosen by Imam Ibn Abidin in his Radd al-Muhtar as well.

Therefore, you must avoid marriage with her without her parental approval, for the Nikah may not be valid due to the Kuf’ not being there. Even when a woman’s marriage without the explicit approval of her wali is *valid*, it is: (a) going against the Sunna and (b) may well entail being bad to one’s parents, which is among the most serious of enormities.

What you both should do is insist to her parents and press them in agreeing to the marriage, but this should be done will full respect, adab, and politeness. At times, a polite approach may be more beneficial to you. If this does not work, then try using the medium of someone else, such as an elder relative or family member who may explain to her parents. A scholar’s (whom her parents respect) mediation might be very useful. Try all possible ways and means in getting them to agree, and most importantly turn to Allah Almighty to make things easy for you.

If there is no light at the end of the tunnel, then you should take your case to a local scholar of piety and knowledge, and seek his guidance in the matter. Due to the nature of the issue (i.e. marriage being valid or invalid) each case must be examined separately and a blanket approach can not be made, thus you may refer to a local scholar. But that is after exerting all possible pressure on her parents to agree to the marriage.

And Allah Knows Best

[Mufti] Muhammad ibn Adam
Darul Iftaa
Leicester , UK

This answer was collected from Daruliftaa.com, which is headed by Mufti Muhammad ibn Adam Al-Kawthari. He’s based in the United Kingdom.

Read answers with similar topics: