Q: I got married 9 years ago, when I was baaligh. I did a court marriage to protect myself from sins, in Pakistan. During our nikaah we had 2 male witnesses, molvi judge and Surah Al Nisa was recited and dua was made and we both consented with heart.
As per constitution of Pakistan (Islamic country) nikah is valid. But there was no wali present or consented at the time of nikah. As I didn’t inform anyone as I knew they will not agree. Neither I knew that a wali is mandatory at that time nor my husband knew, neither did the molvi who did the nikaah told that to us. He was also a nikah registrar.
Soon after my nikaah, within a month my family came to know about my nikaah. Initially there was hype then they agreed and my father sent me back to his house in multan. Then after some time my rukshati was also done with my elder sister (married to his elder brother).
I was an ignorant Muslim at thay time. Now since 1 year I have changed a lot and reverted to Allah and I fear Him for all my sins. I have around a 5 years old son too. Today I saw videos on YouTube telling me that “No nikaah is valid without a wali – and a woman that does her own nikaah is zaani”. I see different sects groups and fatwas, some hanafi says nikaah is valid, some says wali is not required, while others say nikaah is not valid, without a wali.
A: Your nikaah is valid.
And Allah Ta’ala (الله تعالى) knows best.
Answered by:
Mufti Zakaria Makada
Checked & Approved:
Mufti Ebrahim Salejee (Isipingo Beach)