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Monday, 5 September 2011

Marriage without a Walee'.

Q; What is d situation of a person dat got married without is parent consent?

A; All Praise is Due to Allah,

This act is not expectable according to the majority of Scholars, the Prophet (blessings and peace of Allaah be upon him) said: “Any woman who gets married without the permission of her guardian, her marriage is invalid, her marriage is invalid, her marriage is invalid.”
Narrated by Ahmad (24417), Abu Dawood (2083) and al-Tirmidhi (1102); classed as saheeh by al-Albaani in Saheeh al-Jaami, no. 2709.
There has to be a walee (guardian) and two witnesses to any marriage, because of the hadeeth, “There is no marriage except with a walee” and “Any woman who gets married without the knowledge of her walee, her marriage is invalid.”

Sheikh Muhammed Salih Al-Munajjid said,
The one who does the contract on the woman’s behalf should be her walee, as Allaah addressed the walees with regard to marriage (interpretation of the meaning): “And marry those among you who are single…” [al-Noor 24:32] and because the Prophet (peace and blessings of Allaah be upon him) said: “Any woman who marries without the permission of her walee, her marriage is invalid, her marriage is invalid, her marriage is invalid.” (Reported by al-Tirmidhi, 1021 and others; it is a saheeh hadeeth)

The marriage contract must be witnessed, as the Prophet (peace and blessings of Allaah be upon him) said: “There is no marriage contract except with a walee and two witnesses.” (Reported by al-Tabaraani; see also Saheeh al-Jaami’, 7558)

It is also important that the marriage be announced, as the Prophet (peace and blessings of Allaah be upon him) said: “Announce marriages.” (Reported by Imaam Ahmad; classed as hasan in Saheeh al-Jaami’, 1027)

The conditions of the walee are as follows:

He should be of sound mind

He should be an adult

He should be free (not a slave)

He should be of the same religion as the bride. A kaafir cannot be the walee of a Muslim, male or female, and a Muslim cannot be the walee of a kaafir, male or female, but a kaafir can be the walee of a kaafir woman for marriage purposes, even if they are of different religions. An apostate (one who has left Islam) cannot be a walee for anybody.

He should be of good character (‘adaalah – includes piety, attitude, conduct, etc.), as opposed to being corrupt. This is a condition laid down by some scholars, although some of them regard the outward appearance of good character as being sufficient, and some say that it is enough if he is judged as being able to pay proper attention to the interests of the woman for whom he is acting as walee in the matter of her marriage.

He should be male, as the Prophet (peace and blessings of Allaah be upon him) said: “No woman may conduct the marriage contract of another woman, and no woman can conduct the marriage contract on behalf of her own self, because the zaaniyah (fornicatress, adulteress) is the one who arranges things on her own behalf.” (Reported by Ibn Maajah, 1782; see also Saheeh al-Jaami’, 7298)

He should be wise and mature (rushd), which means being able to understand matters of compatibility and the interests of marriage.

The fuqahaa’ put possible walees in a certain order, and a walee who is more closely-related should not be ignored unless there is no such person or the relatives do not meet the specified conditions. A woman’s walee is her father, then whoever her father may have appointed before his death, then her paternal grandfather or great-grandfather, then her son, then her grandfathers sons or grandsons, then her brother through both parents (full brother), then her brother through her father, then the sons of her brother through both parents, then the sons of her brother through her father, then her uncle (her father’s brother through both parents), then her father’s brother through the father, then the sons of her father’s brother though both parents, then the sons of her father’s brother through the father, then whoever is more closely related, and so on – as is the case with inheritance. The Muslim leader (or his deputy, such as a qaadi or judge) is the walee for any woman who does not have a walee of her own. (Islam Q&A, Fatwa: 2127)

And Allaah knows best.

2 comments:

Anonymous said...

so what if the muslimah that is trying to get married cant find a wali and nobody wants to be the wali. She has to be single. I am asking cause I know a person that has been trying to find a wali for almost a year now and she is trying to get married and now he iman is starting to become weak cause she wants to marry this man but she cannot find a wali

Authentic Hadiths Islamic Dawah said...

All-Praise is due to Allah,
The woman’s wali is her father, then his father (i.e., her grandfather), then her son, then his son (i.e., her grandson) [this applies if she has sons], then her full brother, then her half-brother through her father only, then the sons of her full brother, then the sons of her half-brother through her father, then her paternal uncles, then their sons, then the father’s paternal uncles, then the ruler (Imam of the Masjid or Sheikh).

The Ruler becomes the Wali in the case of if there are non of those that are mentioned above or that the Wali is a Kaafir (disbeliever) so they are replaced by the ruler whom is an Imam of the Mosque or a Sheikh. This is because if the guardian of the bride is a disbeliever then it is not permissible for them to be their Wali so this is when the ruler (Imam or Sheikh) must become her Wali.

So without a doubt anyone could find these people that are mentioned above in order for this person to pursue their Marriage.

And Allah knows best...