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Can Nikkah be done without parental consent?

Answered as per Hanafi Fiqh by Muftisays.com
Salamz!
I read on the askimam.com wesite that nikkah can be done without the parents if they refuse. What is your opinion on this?

Answer
Any person, male or female has the right to choose his or her marriage partner. Nobody must be forced into marriage as it is a lifetime commitment. Parents should also be considerate in this matter. If a baaligh (mature) person marries without the consent of his or her parent then the nikaah will be valid if Kafaa’at is met. Kafa’at means compatibility, which involves certain things such as racial backgrounds e.t.c. The purpose of Kafa’ah is so that the marriage partners are compatible to one another as they are from the same background and culture. It is easier for them to bond and form a relationship in order for it to be stable.

If marriage is performed outside of the Kafa’at without the parents consent then it will be valid. Parents have the right to invalidate it after being informed of the marriage.

Answer Approved by Shaikhul Hadeeth Mufti Farooq

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Mufti Yaseen Shaikh

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This answer was collected from MuftiSays.com, based in London (UK). It is one of the fruits of Darul Uloom London. Many ‘ulama are involved in answering the Q&A on the site, including: Shaikul Hadeeth Mufti Umar Farooq Sahib, Mufti Saifur Rahman Sahib, Mufti Abdullah Patel Sahib, Maulana Qamruz Zaman Sahib, Mufti Abu Bakr Karolia Sahib.

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