Can a girl get married without parents permission???

[Hamza786]

:sl:

The topic "Can a girl get married without parents permission" is quite serious now in the western society.

A girl came to me and said, my parents disagree with the guy i chose because of his looks, i like him a lot and vice versa. so im going to go and make someone else my guardian and go forward with this.

i gave her the hanifi point of view. i was just wondering if someone would explain the view point of imam shafi. i am studying comparitive fiqh but wud appreciate it if i cud hear from someone who already knows.

jazakallah khair
:w:

[Bittersteel]

I think so.

[Halima]

Salaam,

No, a girl cannot get married without her parent's permission. She can if she wanted to, but it is not allowed. If a girl wants to get married, first she has to have her father's approval that she can get married to the guy. Secondly there has to be her father to help pay foe the wedding. Thirdly, her father has to be there in order to be her Wali. Without any of these reasons, then how can she get married without her father? In addtion to that if you think about it what if she gets divorced and then her husband send her back to her fathers's house. Without her father knowing she may never even be allowed to come back to her father's house.


Wasalaam.

[Bittersteel]

well doesn't Islam gives freedom to women and men to choose their own life partners?

Hey there! Looks like you're enjoying the discussion, but you're not signed up for an account.

When you create an account, you can participate in the discussions and share your thoughts. You also get notifications, here and via email, whenever new posts are made. And you can like posts and make new friends.
Sign Up

[Halima]

Salaam,

Yes it does give us muslim women the freedom to choose our life partners, however that doesn't necessarily mean that we don't have to have our father's permission to get married. That is absouletly wrong. It is even wrong in Islam. If a child gets married without their parent's permission than obviously the parents will get upset. Making parents upset is highly disliked in Islam. If anything we are encouraged to make our parents happy at any golden opportunity. The same thing applies to marriage. Marriage is a huge commitment in life, and it is essential that we have to get our parents involved..or else it will be detrimental to us.


Wasalaam.

[NooralHaya]

check out

http://63.175.194.25/index.php?searc...et=0&msubmit=1


and


http://63.175.194.25/index.php?searc...et=0&msubmit=1

[afaaro]

Salaamu Aleykum

Brothers and Sisters, My little knowledge I can say in Fiqh Al-Imaam Shaafi'i said that the girl can marry without permission of her parents when she is 15+, if she is under 15 should marry the permission of her parents even if she is in love with the person
And the widow can marry with her permission not necessory the parents as the prophet said.............................................

[YoUnG-sOuLjAh]

:sl:
masha'allah wat a coincedence. we had
discussed this at my summa islamic skewl. well
from wat i heard from da shaykh in islam ur parents
have rights over u. n one of those rights is marrying u
off to the most pious person they could find. BUT ur father
is ur walee and he is the one to say yes or no not ur mother.
ur mother can try to talk to him but that is the best she can do.
he has the last statement. BUT if u had been previously marraied
and now divorced if u decide to get marraied again you do not need
your parents' permission. thats only if you slept with your husband.
BUT if u you havent and still are a virgan your parents must have a
say on this because some people marry on Monday and get divorced
on Tuesday just so they can make thier own decision. u noe wat im sayin?
well once again this was my two cents. but im not tryin to give not fatwa
or nothing as u noe im not qualified to so please dont take my word for it
but research it i dont wanna get the sin if ya noe wat im sayin. ayght den fam
:w:

[Nakisai]

Salaam,

No, a girl cannot get married without her parent's permission. She can if she wanted to, but it is not allowed. If a girl wants to get married, first she has to have her father's approval that she can get married to the guy. Secondly there has to be her father to help pay foe the wedding. Thirdly, her father has to be there in order to be her Wali. Without any of these reasons, then how can she get married without her father? In addtion to that if you think about it what if she gets divorced and then her husband send her back to her fathers's house. Without her father knowing she may never even be allowed to come back to her father's house.


Wasalaam.

I think so too that she can get married without her parents permission like if her parent are not musim and want her to marry a non musim or if her parent want her marry a man who the girl feel is not on his deen than. I KNOW SO.

[Life Is Fitnah]

Salaamu Aleykum

Brothers and Sisters, My little knowledge I can say in Fiqh Al-Imaam Shaafi'i said that the girl can marry without permission of her parents when she is 15+, if she is under 15 should marry the permission of her parents even if she is in love with the person
And the widow can marry with her permission not necessory the parents as the prophet said.............................................

As I posted under another topic:

Prophet (saaw) 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 Tirmidhi, 1021 - Saheeh

“There is no marriage contract except with a walee and two witnesses.” Reported by at Tabaraani

“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

Since these ahadeeth are explicit, the opinion of the Hanafee scholars are invalidated and this is the strongest opinion held by majority of the Scholars.

***THERE IS NO EXCUSE, THE MARRIAGE IS INVALID WITHOUT A WALEE'

[NooralHaya]

^ i'm with that.

[NooralHaya]

and what does 15 have to do with ANYTHING? what does being 15 mark? someone could be dumb as a doornail at 15, or wiser than their own parents. age is nothing. its all in maturity.

[Nakisai]

As I posted under another topic:

Prophet (saaw) 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 Tirmidhi, 1021 - Saheeh

“There is no marriage contract except with a walee and two witnesses.” Reported by at Tabaraani

“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

Since these ahadeeth are explicit, the opinion of the Hanafee scholars are invalidated and this is the strongest opinion held by majority of the Scholars.

***THERE IS NO EXCUSE, THE MARRIAGE IS INVALID WITHOUT A WALEE'

all that is nice but we said Parents Not walee your walee can be a close friend of the family who is Musilm and a male.

[Halima]

I think so

V
V
V

I KNOW SO

So you tell me dear sister, which one is it?

[nurah19]

What is your father isn't around then who's approval must you have

[Bittersteel]

an elder's?

[SiUNaMun]

What is your father isn't around then who's approval must you have

I would say a brother, uncle or an elder man in your family..

[almuslima]

:w:
i think a girl can get married without her parent knowing that. but if the person she's marrying is a good muslim cuz maybe he's a good muslim but maybe da parent rejected him cuz of his look, i think she can go a head and get marreid cuz look dont really mean anything 2 her and she like his personality. :)

[Abunaaila]

If a father refuses to give His daughters in Marriage to Suitable Men

Source : Fatawaa Islaamiyyah ,Volume 5, Pg 244-246
Fatwa by : Shaykh Muhammad ibn Saalih Al Uthaimeen (rahimahullaah)

Q: We are a group of girls who are sisters and we live in o*ne house, and frequently suitors for our hands from among the religious young men have been rejected; and our father is suffering from mental illness. May the judge in this situation take charge of the marriage contracts for us?

A: Yes, if the guardian refuses to give a woman in marriage to a man who is suitable in his religion and his character. This is because guardianship passes to the o*ne who comes after him among the paternal family members, the o*ne with the greatest right, then the next o*ne. And if they refused to give them in marriage, as most often happens, then the guardianship passes to the legal Judge and he gives the woman in marriage, and if the matter reaches him and he knows that her guardians refused to give her in marriage, he must give her in marriage, because he has a general guardianship, as long as no particular guardianship is present.

The scholars of Islamic Jurisprudence (Fiqh) – may Allaah have mercy o*n them – have mentioned that if the guardian repeatedly refuses appropriate suitors, he will be considered a sinner due to this and his fairness will be lost, as well as his right to guardianship. Indeed, it is recognised in the madhab of Imaam Ahmad that his right to be an Imaam will be lost, and so he may not lead the muslims in congregational prayer and this is a very serious matter.

Some people – as we have indicated earlier - refuse appropriate suitors for those whom Allaah has granted them guardianship but the girl may be shy to approach a judge in order to request that he may give her in marriage – and this situation exists at present – but she must compare between those things which promote good and those things which cause evil; which is the greater cause of evil: To remain without a husband and for this guardian to arbitrarily exercise control over her according to his mood and his whim, then when she grows older and few propose to her, he give her in marriage (to whom he wills), or to approach the Judge, with the request that he give her in marriage , especially since this is her legal right?

There is no doubt that the second choice – which is that she approach the judge and request that he give her in marriage – is preferable, because this is her right and because in approaching the judge and the Judge’s giving her in marriage there is a benefit for other girls too, because they will step forward as she has done, and because by approaching the judge, she serves as a deterrent to those wrongdoers who commit injustice against those whom Allaah has placed under their guardianship, by refusing to give them in marriage to appropriate suitors. That is to say, there are three benefits in this:

- A benefit to the woman, so that she does not remain unmarried.

- A benefit to others, if she opens up the door for the women who are waiting for someone to make the approach so that they may follow her.

- Holding in check those unjust guardians who exercise control arbitrary over their daughters or those women over whom Allah has made them guardians.

Another benefit therein is the implementation of the order of the Messenger of Allaah (sallallaahu ‘alayhi wa sallam) who said:

"If o*ne whose religion and character pleases you proposes to you, then marry (your daughters to) him. If you do not do so, it will be a cause of trial (fitnah and great corruption) in the land"
[At-Tirmidhi no. 1084]

There is o*ne other particular benefit, which is the fulfillment of the desires of those suitors who propose to women and who are suitable with regard to their religion and character.

[Uma Rayanah]

I think so.

I dont think .. She cant unless der is a waalii..

[V_A_S_H_19]

Asalamu Alikum

One of the ways in which Islam has honoured woman is by giving her the right to choose her husband. Her parents have no right to force her to marry someone she dislikes. The Muslim woman knows this right, but she does not reject the advice and guidance of her parents when a potential suitor comes along, because they have her best interests at heart, and they have more experience of life and people. At the same time, she does not forego this right because of her father's wishes that may make him force his daughter into a marriage with someone she dislikes.

A women have the right to marry without the permission of her father but if and only if her father reject the man she chooses, and his reason is only base on outer apperaence,

An example would be a father refuse to marry his daughter to a suiter because he's white or black or because he's not from the same country they are from.

Also a father can tell his daughter not to marry someone if he dont find the person siutible for her and it left with the muslimah to decide if she wants to ignore her father advice or accept it.

If her father refuse and he doesn't have a good reason for his refusal then the muslimah can marry the one she chooses without his aproval.

It not encouraged but a marriage like that is not invalid. A muslimah is encourage to accept the advice of her father always. because he's older and wiser and has her best interest at heart.

Salam

p.s correct me if im wrong brothers and sisters

[Protected_Diamond]

asalamualykum warhmatulahi wabarakthu

I agree with sis Halima, and sis if you say that she's getting married beacuse of looks then i don't think the marriage will last long beacuse later on in life they'll will probably get bored of each other and the girl/boy might find someone else..hope this doesn't happen, but if it does who will the girl turn to?...insha Allah Allah s.w.a will guide her along with other muslim sisters/brothers going through this dilemma ameen!

Allah s.w.a knows best!

walakumasalaam warhmatulahi wabarakthu

[Fatma Mahmoud]

Assalamu Alaikum.

I have a question. What if one who is to marry has no one in her family that is a Muslim. She is the only one. Who then can act as the walee for her or who would you all suggest would make the best walee for her? I was told that the person who is head of the town you are to marry in is the best choice for the walee but I am not sure as I am new to all of the Islamic rulings of marriages and the whole Islamic religion.

Thank you.

[- Qatada -]

wa alykum asalam warahmatulahi wabarakatuh.

plz dont take my word for it sis, but i heard or read that it was the imam.. but lets see if any brothers or sisters can post anythin with daleel (evidence). the reason i think wa am sayin is wrong is because the imam isn't a mahram...


Allah u a'lam (Allah (swt) knows best)

[Muhammad]

:sl:

Question :

I am a Chinese girl married to a Lebanese Muslim man. The main reason for this is that I have become Muslim… we got married in the Islamic manner, but this marriage was done without the knowledge of our families, because of some difficult circumstances.



Do you think that this is haraam? I mean, is it against the Qur’aan?.

Answer :

Praise be to Allaah.

The evidence from the Qur’aan and Sunnah indicates that a woman should not get married without a wali (guardian) to look after her and protect her interests, lest she be deceived by the devils among men. Allaah says (interpretation of the meaning):

“Wed them with the permission of their own folk (guardians, Awliyaa’ or masters)”

[al-Nisa’ 4:25]

It was narrated from Abu Moosa al-Ash’ari that the Prophet (peace and blessings of Allaah be upon him) said: “There is no (valid) marriage without a wali (guardian).” Narrated by the five and classed as saheeh by Ibn al-Madeeni.

Al-Tirmidhi said: This is the correct view concerning this issue, based on the hadeeth of the Prophet (peace and blessings of Allaah be upon him), “There is no marriage without a wali (guardian),” according to the scholars among the companions of the Messenger of Allaah (peace and blessings of Allaah be upon him), such as ‘Umar ibn al-Khattaab, ‘Ali ibn Abi Taalib, ‘Abd-Allaah ibn ‘Abbaas, Abu Hurayrah and others.

If one of your close male relatives is a Muslim, such as your father, brother, uncle or cousin, then he is your wali with regard to marriage, and your marriage is not valid without his permission and consent. He should do the marriage contract for you himself or appoint someone to do it on his behalf.

If all your close male relatives are non-Muslims, then a kaafir cannot be the wali (guardian) of a Muslim.

Ibn Qudaamah said: With regard to a kaafir, he cannot be the wali of a Muslim in any situation, according to scholarly consensus.

Ibn al-Mundhir said: Those from whom we acquired knowledge are unanimously agreed on that.

Imam Ahmad said: We have heard that ‘Ali allowed a marriage done by a brother, but he rejected a marriage done by a father who was a Christian. Al-Mughni, 7/356.

And a Muslim cannot be a guardian for the marriage of his kaafir children’s marriage. Shaykh al-Islam Ibn Taymiyah was asked about a man who had become Muslim; could he still be a wali for his children who were people of the Book?

He replied: He cannot be their guardian with regard to marriage, or with regard to inheritance. A Muslim cannot do the marriage contract for a kaafir woman, whether she is his daughter or anyone else. And a kaafir cannot inherit from a Muslim or a Muslim from a kaafir. This is the view of the four imams and their companions among the earlier and later generations. Allaah has severed the ties of guardianship between believers and disbelievers in His Book, and has decreed that they should have nothing to do with one another, and that the ties of wilaayah (guardianship) exist among the believers. (32/35) But a Muslim woman should tell her family about that and seek their approval, so that this will help to open their hearts to Islam.

The question here is: what should a Muslim woman who does not have a Muslim wali do?

The answer is:

A Muslim who is in a position of authority or status should do the marriage contract for her, such as the head of an Islamic centre, the imam of a mosque, or a scholar. If she cannot find anyone like this, then she should appoint a Muslim man of good character to do the marriage contract for her.

Shaykh al-Islam said: In the case of a woman who does not have a wali among her relatives, if there is in her locality a representative of the ruler or the chief of the village, or a leader who is obeyed, then he can do the marriage contract for her with her permission. (32/35).

Ibn Qudaamah said:

If a woman does not have a wali or a ruler, then there is a report narrated from Ahmad which indicates that a man of good character may do the marriage contract for her with her permission. (7/352).

Al-Juwayni said: If she does not have a wali present, and there is no (Muslim) ruler, then we know definitively that closing the door of marriage is impossible in sharee’ah, and whoever has any doubt about that does not have a proper understanding of sharee’ah. To suggest that the door of marriage may be closed is as bad as suggesting that people may be prevented from earning a living. Al-Ghayaathi 388. Then he stated that the ones who should do that (do marriage contracts for women who have no wali) are the scholars.

Conclusion:

If the marriage contract was done in this manner, and the imam of an Islamic Centre in your country or a Muslim man of good character did the marriage, then your marriage is valid. But if you did the marriage yourself (with no wali) then you have to go with your husband to the nearest Islamic centre and repeat the nikaah (marriage contract), and let the head of the centre, for example, be your wali in marriage.

With regard to your husband, he does not have to tell his family, because there is no stipulation that the husband should have a wali.

And Allaah knows best.

Islam Q&A (www.islam-qa.com)

:w:

[Noor]

edit

[iqbal_ibn_adam]

:sl:

i think we are getting bit confused here about if the girl has a choice in choosin her husband.

As u all know islam has given this right to women to choose her husband, now it doesn't mean she cn pick up any sharaabi, kababi and say mom dad this is the person i wanna marry and u cnt say no coz islam says so.
there ain't any loop hole in islam as u know, if the person br/sis choose has good islamic understanding etc and they introduce tham to their parents, now that br/sis parents cnt say no.

i hpe that made sence.

wat u all are talking about is cluture issues not islamic

:w:

[ghurabaa2000]

Brothers and Sisters, My little knowledge I can say in Fiqh Al-Imaam Shaafi'i said that the girl can marry without permission of her parents when she is 15+, if she is under 15 should marry the permission of her parents even if she is in love with the person
And the widow can marry with her permission not necessory the parents as the prophet said.............................................

this is not the opinion of the Shafi school that is the opinion of the hanafi school. the shafi school stresses the need of a wali acceptence, meaning her father, then grandfather etc..(distingushed jurist by ibn rusd)

[umm_amina04]

Assalamu alaikum wa rahmatullahi wa barakatuh? Yes, a muslim woman is allowed to marry the person of her choice, bearing in mind that her parents will quite often step in and give the daughter who is opting for marriage their point of view. However if the parents of the muslim sister dislike her choice of the brother she would like to marry due to cultral beliefs ie: he is not a relative, same backround and the brother is a good practicing muslim then she is allowed to marry against her parents wishes and nominate a person to be her guardian, providing that the person has some idea Islamically to sort out any problems should the need arise in the distant future. Parents don't neccessarily need to be the WALI if their child\ren wish to be married Islamically. I am a revert to Islam and nominated someone to become my WALI and Al-hamdulilah he is just and does not do or say anything that is not part of the Qur'an and Sunnah. And Allah knows best and insha-allah if the deeleel is incorrect than may Allah forgive me insha-allah and this is msg is to increase my knowledge as well as pass on whatever knowledge I have to muslims insha-allah.

[lolwatever]

As I posted under another topic:

Prophet (saaw) 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 Tirmidhi, 1021 - Saheeh

“There is no marriage contract except with a walee and two witnesses.” Reported by at Tabaraani

“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

Since these ahadeeth are explicit, the opinion of the Hanafee scholars are invalidated and this is the strongest opinion held by majority of the Scholars.

***THERE IS NO EXCUSE, THE MARRIAGE IS INVALID WITHOUT A WALEE'

i think people are mixing up between wali and parents.. a parent can be a wali (and IS the wali if he is a practising Muslim), but not every Wali is a parent...

non the less.. its important to not get too rushed and rush in getting someone else to override ur parents, at the end of the day you don't want to start a relationship with a guy and destroy the relationship with ur entire family (which is what can happen in some of these cases)....

salam

[syilla]

yup that is true...some parents are not suitable (maybe i choose the wrong word) to be wali at all...

For example always drunk and etc.

[lolwatever]

yuck drunkards.. yeh i guess if the girl wanan marry someone who's good Islamically n stuff and the drunk dad doesnt wanna take a bar of it then she's got the right to go find someone else to take care of her matters..

but my PERSONAL input is, even then try win your dad over.. it's never a bad thing to hav ur parents support, like if u do win him over that way the girl n her hubby can both work 2gether in convincing the dad n giving him dawah, rather than just running away and cutting all linkages with her parents

[umm_amina04]

Well that's happened in many cases that i've know and especially to people that I know who are close to me as well. My reply was that you can marry a muslim brother against your parents wishes if they do not wish for you to marry someone based on cultral grounds....................thankyou salamu alaikum

[the_muslimah]

As I posted under another topic:

Prophet (saaw) 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 Tirmidhi, 1021 - Saheeh
***THERE IS NO EXCUSE, THE MARRIAGE IS INVALID WITHOUT A WALEE'

Most of these hadiths are khabre waahid, which are not considered reliable enough when they seem to contradict a nas-e-qat'i, i.e the Qur'aan...

Obviously there are mixed views over this,according to Imam Abu Hanifah, the marriage of a girl without a wali IS correct,but if she married outside of her kufu' (compatibility range) then her wali reserve the right to annul the nikah (Hidaaya vol.2 Pg. 314 Ilmiyya)
according to Imam Shafi'ee however the nikah will not be saheeh because according to him, as long as she is baakirah (previously unmarried), she is in the wilayat of her parents and hence cannot marry without their consent....Allah knows best...

[umm_amina04]

you must have a WALI in order for any marriage to be considered as right in the eyes of Allah swt and also the shariah Islamic Law. So regardless of wether your father is around or not is beside the point. YOU NEED TO HAVE A WALI. that could be your parents or a member of the Islamic community such as an Imaam or sheikh that the sister/brother have nominated as their wali

[scentsofjannah]

Salaam,

No, a girl cannot get married without her parent's permission. She can if she wanted to, but it is not allowed. If a girl wants to get married, first she has to have her father's approval that she can get married to the guy. Secondly there has to be her father to help pay foe the wedding. Thirdly, her father has to be there in order to be her Wali. Without any of these reasons, then how can she get married without her father? In addtion to that if you think about it what if she gets divorced and then her husband send her back to her fathers's house. Without her father knowing she may never even be allowed to come back to her father's house.


Wasalaam.

first of all sister the brother didnt ask your view he specifically asked if its allowed in the Shafei school of thought..lets not make up our own fiqh, secondly the sister can get married because her parents are being dicriminatory..since their only objection of the guy is based on looks..you support that?

i heard she can get married ..anyways since i follow the Shafei school of thought ill get more information regarding this @brother Hamza

:w:

[the_muslimah]

She can if she wanted to, but it is not allowed

what does that mean?? she can get married,but she can't.....how does that make any sense? :uhwhat

[the_muslimah]

Salaamu Aleykum

Brothers and Sisters, My little knowledge I can say in Fiqh Al-Imaam Shaafi'i said that the girl can marry without permission of her parents when she is 15+, if she is under 15 should marry the permission of her parents even if she is in love with the person
And the widow can marry with her permission not necessory the parents as the prophet said.............................................

i dont think thats quite correct brother because age has absolutely nothing to do with anything according to Imam Shafi'ee...the main factor according to him is whether she's been previously married or not...if she has, she can marry without a wali, whereas if she hasnt, she can't..

Wallahu A'lam

[umm_amina04]

:sl: you need to have a WALI present for any marriage to be considered Halaal in both the shari'ah (Islamic Law) and in the eyes of Allah swt, this does not necessarily mean that your parents are your wali in certain cases.

[umm_amina04]

A sister is allowed to marry a brother is the parents do not wish for her to marry based on cultral backrounds ie: no from the same country or family? however she allowed to nominate a Wali either a sheikh or imaan of a masjid to become her wali in the case that the brother is a practicing muslim and they do not like the look of him. But she should take into account her parents opinion before making any rash decisions. After all our parents should always be respected.:w:

[M H Kahn]

Salaam,

No, a girl cannot get married without her parent's permission. She can if she wanted to, but it is not allowed. If a girl wants to get married, first she has to have her father's approval that she can get married to the guy. Secondly there has to be her father to help pay foe the wedding. Thirdly, her father has to be there in order to be her Wali. Without any of these reasons, then how can she get married without her father? In addtion to that if you think about it what if she gets divorced and then her husband send her back to her fathers's house. Without her father knowing she may never even be allowed to come back to her father's house.
Wasalaam.

I think permission and involvement of walis (guardians) is a religious necessity in case of both the man and the woman. But if two youths marry themselves secretly beyond the knowledge of their respective walis, they will be sinners for violation of the religious manners. But will the marriage be valid? In that case, what can the walis do to their recalcitrant offsprings?

[lolwatever]

what does that mean?? she can get married,but she can't.....how does that make any sense? :uhwhat

salams sis i think u misunderstodo she means she can if she wants to (there's nothing to stop her physically) but whether that's islamic or not is a different case..

also sis wat do u mean a lady can marry without a wali if she's been widowed or divorced? do you have ne evdence for that?

jazakilah khayr

salams

[M H Kahn]

I remember a Hadith that tells a a marriage without the consent of the guardians is no marriage.

[the_muslimah]

I remember a Hadith that tells a a marriage without the consent of the guardians is no marriage.

yeh thats right but as i think ive mentioned before,that hadith is categorised as a khabr-e-waahid, meaning there is a slight doubt in its authenticity due to a single chain of narrators, and therefore masaa'il cannot be derived from there

Wallahu A'lam

[the_muslimah]

also sis wat do u mean a lady can marry without a wali if she's been widowed or divorced? do you have ne evdence for that?

salamz sista
check this link out if it works:
http://www.askimam.org/fatwa/fatwa.p...8cb62d7d4de2e0

[M H Kahn]

Originally Posted by lolwatever
also sis wat do u mean a lady can marry without a wali if she's been widowed or divorced? do you have ne evdence for that?

This verse may be an answer to the question:
“There is no blame on you if ye make an offer of betrothal or hold it in your hearts. God knows that ye cherish them in your hearts: But do not make a secret contract with them except in terms Honorable, nor resolve on the tie of marriage till the term prescribed is fulfilled. And know that God Knoweth what is in your hearts, and take heed of Him; and know that God is Oft-forgiving, Most Forbearing.” [2:235]

[M H Kahn]

:sl:

The topic "Can a girl get married without parents permission" is quite serious now in the western society.

A girl came to me and said, my parents disagree with the guy i chose because of his looks, i like him a lot and vice versa. so im going to go and make someone else my guardian and go forward with this.

i gave her the hanifi point of view. i was just wondering if someone would explain the view point of imam shafi. i am studying comparitive fiqh but wud appreciate it if i cud hear from someone who already knows.

jazakallah khair
:w:

What are Hanafi or Shafi view? Abu Hanifa and Shafi were two scholars who had difference of opinions on some minor matters of ISLAM which is one and only as taught by Muhammed (pbuh) as a messenger of Allah. You cannot divide ISLAM into Hanafi or Shafi.

[lolwatever]

^^ i agree, but could u explain that verse bro? i didnt quite understand what it means, maybe coz of the english used
jazak

[M H Kahn]

^^ i agree, but could u explain that verse bro? i didnt quite understand what it means, maybe coz of the english used
jazak

Allah says that it is permissible for a man to propose a widow for a marriage with her or desire her in the heart for marriage. But He forbids secret contacts with her for unfair talk. Allah also forbids not to finalise the marriage contract until her iddah (waiting period) is over. If you read the verses 233 to 235 of Surah Al-Bakara, you will perceive this clearly.

Though nothing is specifically stated about a divorced woman seperately, I feel the same ruling may be applicable in that case too.

[lolwatever]

oh ok cool jazak for that

[sabjok]

How does an orphan girl get married?

[lolwatever]

she can go to a qadi if ther eis one, or a relative from the fathers side to take care of the matter, if there is non she can go to an Imam with good character who will arrange the matter inshalah

[M H Kahn]

she can go to a qadi if ther eis one, or a relative from the fathers side to take care of the matter, if there is non she can go to an Imam with good character who will arrange the matter inshalah

:sl:
1. Allah does not burden a soul beyond its capacity. When two adult persons ( a male and a female) agree in front of at least two male witnesses or one male and two female witnesses to be spouses, the marriage is done.

2. If the marriage is done by a man or a woman without the consent and involvement of his or her guardians, they ( the guardians) are likely to be displesed. So, getting married in this way may be an act of sin; but this will not invalidate the marriage.

3. If a girl or boy has no guardian to take care of, it may not be inevitable for him or her to go to others and request them to find a match for him or her and himself or herself sit idle until any of the requested persons has found a match. I think, in that case, he or she may contract his or her marriage himself or herself; and this may not be an act of sin, not to speak of the marriage being invalid.

[lolwatever]

^^ bro regardign ur first piont but as long as the girl is not a widow/divorcee, she definatley needs a walee. we cant change that. the walee isn't suppose to be a hassle so allah isn't burdening us beyond capacity.

[Mohammed H Kahn]

Prophet (saaw) 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 Tirmidhi, 1021 - Saheeh

“There is no marriage contract except with a walee and two witnesses.” Reported by at Tabaraani

“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

In view of these narrations, ascribed to Muhammed (pbuh), it is very evident that when a boy and a girl marry beyond the knowledge of the walis of both or any of them, their marital life will be adultery and their offsprings will be -------s. But there are so many such secredly married couples in all Islamic societies. Are they really fornicating with their offsprings being -------s? If the narrations are Hadiths, then surely they are fornicators and their offsprings -------s. But has any scholar or scholars ever given any ruling like this?There seems no such rulings ever given by any scholar except perfunctorily mentioning the narrations under cover of the Hadith in their books. This signifies that they are not sure that the narrations are Hadiths.

Secondly, the 'term 'wali' is not defined. This is also suggestive that the narrations may not be Hadiths. while only Allah knows the real truth. I think the matter needs research to find examples, if any, where the prophet (pbuh) or any of his companions declared any any marriage done without wali as invalid.

[lolwatever]

r u same user as M H Khan btw?

secondly, if u mean secretly as in they just made agreement between themselves without ne wali or witness then yeh... just because many ppl do it doesnt make it halal, (towards end of time alchohol and zina will b common doesnt mean it becomes less illegal).

yes because every non-fasiq parent is a wali, but not every wali is a parent.. lol just like every male is human, but nto every human is a male ;)

salamz

[M H Kahn]

if u mean secretly as in they just made agreement between themselves without ne wali or witness
salamz

What makes you go to the length of presuming the marriage without witnesses? It is very a well settled teaching known to most of the Muslims that there is no marriage without 2 male or 1 male and 2 female witnesses. So none ever claims to have done a marriage without the required witnesses. But marriages without wali often take place and such marriages are accepted as valid by the Muslims in general. Here is the controversy where the Hadiths fail and consequently Islam too.

[lolwatever]

huh? just because Muslims accept drinking alcohol doesn't mean Islam accepts it, and doesn't mean Hadith fails...

it just means that the majority is misguided.. that's all... same applies to marriage.

[M H Kahn]

huh? just because Muslims accept drinking alcohol doesn't mean Islam accepts it, and doesn't mean Hadith fails...

it just means that the majority is misguided.. that's all... same applies to marriage.

There is a wise saying about a sheep inquiring the depth of water when elphants and horses had already downed. It is like reading some books, finding some stories and then giving a fatwa on that basis. Perhaps the matter is not so easy; it requires much scholarship.

[lolwatever]

then you're not very different to the people of the book who where convicted of polytheism by Allah because their priests and rabbis legislated for them and made Halal what Allah declared haram and visa versa... all under the guise of 'wisdom' and 'scholarship'...

[umm_amina04]

:sl: it's not right for a muslim to take the shari'ah into their own hands and start judging people for Allah is the one who passes judgement. And should therefore only post what is related to the original post being: CAN A GIRL GET MARRIED WITHOUT HER PARENTS PERMISSION??:w:

[M H Kahn]

As apparent from the following narrations, if they are truely from the prophet (pbuh), a marriage by a girl without the permission of her wali will be void; and as a result, the girl and her so-called husband will be committing adultery.

Narrations:
Prophet (saaw) 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 Tirmidhi, 1021 – Saheeh]

“There is no marriage contract except with a walee and two witnesses.” [Reported by at Tabaraani]

“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]

[Star]

:sl:

can u get married to someone even though your parents dont approve of the marriage, i no that islamically your father should approve the marriage, but wot if he does not allow you to marry someone else because he'd rather you marry one of his relatives. What if you meet some1 who is better suited for you, some1 who is stronger in faith and would be a better husband, but your father does not allow you to marry him because he'd rather you marry his relative.
would you be allowed to marry without your fathers approval?

:w:

[Dawud_uk]

:sl:

can u get married to someone even though your parents dont approve of the marriage, i no that islamically your father should approve the marriage, but wot if he does not allow you to marry someone else because he'd rather you marry one of his relatives. What if you meet some1 who is better suited for you, some1 who is stronger in faith and would be a better husband, but your father does not allow you to marry him because he'd rather you marry his relative.
would you be allowed to marry without your fathers approval?

:w:

assalaamu alaykum,

yes... but it is a little more complicated.

basically in a muslim country if your father refused a brother of good character and deen then his right of being wali could be taken away by the qadi (islamic judge) but there are no islamic judges in the uk so what do you do?

you need to find a local imam or alim who is willing to act on this matter, he will then need to speak to the sister in question who needs to make the complaint about her father being unreasonable and then talk to the father. it is the sisters responsibility to make the complaint not the suitor.

normally what happens is the father is called into the masjid or called on the phone if refuses to meet and asked why he refuses the brother, if reasons are not good enough or the sisters complaint is strong enough then the imam can remove the responsibility of being wali from the father, then it passes to another close male relative, i believe grandfather first and then up the line and then to brothers but check with someone else on that exact order.

if those people refuse to take over the responsibility or are equally jahil (cultural ignorant muslims) then the imam himself should act as wali or appoint someone else to the position who is practicing and trustworthy.

what usually happens is the imam tells the father to come talk, it is explained to him he doesnt have a leg to stand on and that he will be humiliated when all this gets out so best just to back down and let the couple marry, a friend who is a student of knowledge said 95% of cases he has heard of usually the father backs down and in every case i have heard of where the sister was looking at going to an imam to ask for her father to be removed as wali then the father backs down and lets them marry before it comes to that.

now that is the sisters right and the imams responsibility... now we hit the problem. almost every imam i know is either ignorant of this or refuses to help and perform their responsibility as community leader so sisters are left with no option but to keep searching often even outside their city until they find an imam with big enough nuts and enough knowledge to do their job properly.

assalaamu alaykum,
Abu Abdullah

[Muslim Woman]

I seek refuge in Allah (The One God) from the Satan (devil) the cursed, the rejected

With the name of ALLAH (swt) -The Bestower Of Unlimited Mercy, The Continously Merciful


Assalamu Alaikum Wa Rahmatullahi Wa Barakatuh (May the peace, mercy and blessings of Allah be upon you)


&&&

....would you be allowed to marry without your fathers approval?

:w:

sis , ur father must not force u to marry anyone u don't like , neither u should marry without his permission. Pl. take time , ask help from Allah .

talk to local Imam / relatives ....they may make ur father understand that a daughter must not be forced in to marriage.


During the time of the last Prophet (p) , a dauther complained to him that her father forced her in to marriage & she now wants to end her married life. Prophet gave her permission , then the girl said , ok , i won't do that . I just want to show all that no one should forced women to get married.

Offer Istekhara prayer to take a decision.

[Pyro]

why don't you just get married anyway, if your father is obviously biased and wants you to marry someone of his choosing rather than yours, and no one else seems to care (brother, grandpa, imam), then just take matters into your own hands and marry the guy.

In the end it is Allah who judges your actions, and do not forget that Allah is merciful and understanding.

[Muslim Woman]

Salaam/ peace ;

why don't you just get married anyway, if your father is obviously biased and wants you to marry someone of his choosing rather than yours, and no one else seems to care (brother, grandpa, imam), then just take matters into your own hands and marry the guy.

In the end it is Allah who judges your actions, and do not forget that Allah is merciful and understanding.

pl bro , don't give such advice to anybody . Our parents sacrifised so much for us.....they deserve our respect. Just becasue the sis is having trouble with dad right now , it does not mean that she will hurt them by marrying secretly.

Regarding a hadith , a daughter must have her parent in marriage ceremony. Dad is supposed to be her guardian in her weddeing process.



Also , we need our parents blessing in our life. Why so hurry for marriage....she should take time. Insha Allah everything will bo fine soon.

[HBot 5000]

:sl:

Should he get married without his father’s approval?

Question:
Is it permissible for a man to get married to a woman whose religious commitment and character he admires, even though his parents do not approve?.

Answer:
Praise be to Allaah.

A son is not doing wrong if he chooses a woman who is religiously committed and of good character, for this is the advice of the Prophet (peace and blessings of Allaah be upon him) with regard to marriage. It was narrated from Abu Hurayrah (may Allaah be pleased with him) that the Prophet (peace and blessings of Allaah be upon him) said: “A woman may be married for four things: her wealth, her lineage, her beauty or her religious commitment. Choose the one who is religiously committed, may your hands be rubbed with dust [i.e., may you prosper]!”

(Narrated by al-Bukhaari, 4802; Muslim, 1466)

There follows some advice for you and your father from Shaykh Ibn ‘Uthaymeen, that has to do with your situation.

The Shaykh (may Allaah have mercy on him) said:

The question leads us to offer you two points of advice. The first point is addressed to your father, if he insists on not allowing you to marry this woman whom you describe as being of good character and religiously-committed. What he should do is to give you permission to marry her, unless he has a legitimate shar’i reason that he knows and can explain to you so that you will be convinced and your mind will be put at rest. He should weigh up this matter himself: if his father had refused to let him marry a woman whose religious commitment and character he admired, would he not have thought that this was wrong and a suppression of his freedom? If he would not like his father to do this to him, then how can he let himself do the same to his son? The Prophet (peace and blessings of Allaah be upon him) said: “None of you truly believes until he loves for his brother what he loves for himself.”

It is not permissible for your father to prevent you marrying this woman for no legitimate shar’i reason. If there is a legitimate shar’i reason then he should explain it to you so that you will understand.

With regard to the advice which we give you, we say that if you can forget about this woman and marry another, thus pleasing your father and avoiding a split (between you and your father), then do that.

If you cannot do that, because you are emotionally attached to her and you are also afraid that if you propose marriage to another woman that your father may also prevent you from marrying her – because some people may have envy or jealousy in their hearts even towards their children, so they do not let them have what they want – I say that if this is the case and you cannot be patient and forget about this woman to whom you feel emotionally attached, then there is no sin on you if you marry her, even if your father objects. Perhaps after you get married he will become convinced and the feelings in his heart will go away. We ask Allaah to enable you to do that which is in the interests of both.

Fataawa Islamiyyah, 4/193-194

And Allaah knows best.

Islam Q&A

:w:

[HBot 5000]

:sl:

Conditions of walee (guardian)

Question:
What exactly constitutes a guardian, as is needed in the nikkah ceremony. I am a female Muslim, and I want to know if my older brother is acceptable for this role.

Answer:

Praise be to Allaah.

There are three pillars or conditions for the marriage contract in Islam:

Both parties should be free of any obstacles that might prevent the marriage from being valid, such as their being mahrams of one another (i.e., close relatives who are permanently forbidden to marry), whether this relationship is through blood ties or through breastfeeding (radaa’) etc., or where the man is a kaafir (non-Muslim) and the woman is a Muslim, and so on.

There should be an offer or proposal (eejaab) from the walee or the person who is acting in his place, who should say to the groom “I marry so-and-so to you” or similar words.

There should be an expression of acceptance (qabool) on the part of the groom or whoever is acting in his place, who should say, “I accept,” or similar words.

The conditions of a proper nikaah (marriage contract) are as follows:

Both the bride and groom should be clearly identified, whether by stating their names or describing them, etc.

Both the bride and groom should be pleased with one another, because the Prophet (peace and blessings of Allaah be upon him) said: “No previously-married woman (widow or divorcee) may be married until she has been asked about her wishes (i.e., she should state clearly her wishes), and no virgin should be married until her permission has been asked (i.e., until she has agreed either in words or by remaining silent).” They asked, “O Messenger of Allaah, how is her permission given (because she will feel very shy)?” He said: “By her silence.” (Reported by al-Bukhaari, 4741)

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.

And Allaah knows best.

Sheikh Muhammed Salih Al-Munajjid

:w:

[HBot 5000]

:sl:

He married a woman without a guardian

Question:
I am in a foreign land and married a Christian girl who is also a foreigner in that country. Both of us do not have any relatives or friends or contacts in that country. I proposed to her and she accepted so I read the marriage statements and she accepted and than I read the marriage statement for my acceptance. I forgot the Mehr in statement but later paid some amount to her. There was no guardian for her as she is adult and independent and we could not arrange any witness. Question is:
1. Whether this is a valid religious marriage and is it not sin in Islam as we do not care for the social or legal aspect because we are foreigners. In other word we married keeping in view our God and do not want to be punished by God on day of judgment. (We lived like man & wife for some days).
2. As I was not sure about religious aspect of this marriage, we mutually decided that I should divorce her, and I did. Is it OK?
3. Do I need to marry her again if our marriage was not OK, in front of witnesses and any Guardian / Wali to relieve myself of any sin.
Answer:
Praise be to Allaah.

Firstly:

It is not permissible for a man to marry a woman without the permission of her guardian, whether she is a virgin or previously-married. This is the view of the majority of scholars, including al-Shaafa’i, Maalik and Ahmad. This is based on evidence which includes the following:

The verses in which Allaah says (interpretation of the meaning):

“do not prevent them from marrying their (former) husbands”

[al-Baqarah 2:232]

“And do not marry Al-Mushrikaat (idolatresses) till they believe (worship Allaah Alone)”

[al-Baqarah 2:221]

“and marry those among you who are single”

[al-Noor 24:32]

The point here is that these verses clearly stipulate that there be a guardian in marriage, because Allaah is addressing the guardian with regard to the marriage of the woman under his care. If the matter were up to her and not him, there would be no need to address him.

It is indicative of Imam al-Bukhaari’s deep understanding of issues of sharee’ah that he quoted these verses in a chapter which he entitled “Baab man qaala la nikaaha illa bi wali (Chapter on those who say that there is no marriage without a guardian).”

It was narrated that Abu Moosa said: The Prophet (peace and blessings of Allaah be upon him) said: “There is no marriage without a guardian.”

(Narrated by al-Tirmidhi, 1101; Abu Dawood, 2085; Ibn Maajah, 1881. Classed as saheeh by Shaykh al-Albaani (may Allaah have mercy on him) in Saheeh al-Tirmidhi, 1/318)

It was narrated that ‘Aa’ishah (may Allaah be pleased with her) said: The Messenger of Allaah (peace and blessings 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. But if the marriage is consummated then the mahr is hers because she has allowed him to be intimate with her. If they dispute, then the ruler is the guardian of the one who has no guardian.”

(Narrated by al-Tirmidhi, 1102; Abu Dawood, 2083; Ibn Maajah, 1879. Classed as saheeh by al-Albaani in Irwa’ al-Ghaleel, 1840)

Secondly: If her guardian prevents her from marrying the person she wants for no valid reason according to sharee’ah, then the role of guardian passes to the next closest relative, so it passes from the father to the grandfather, for example.

Thirdly: if all of her guardians prevent her from getting married for no valid reason according to sharee’ah, then the ruler is her guardian, because of the hadeeth quoted above (“…If they dispute, then the ruler is the guardian of the one who has no guardian”)

Fourthly: if there is no guardian and no ruler, then her marriage is to be arranged by a man who has authority in the place where she is, such as the head of a village, or the governor of a province, and so on. If there is no such person, then she should appoint a trustworthy Muslim man to arrange her marriage.

Shaykh al-Islam Ibn Taymiyah (may Allaah have mercy on him) said:

If there is no relative who can act as her guardian, then the position of guardian passes to the one who is most fit among those who have any kind of authority in matters other than marriage, such as the head of a village, the leader of a caravan, and so on.

Al-Ikhtiyaaraat, p. 350.

Ibn Qudaamah said: If a woman does not have a guardian and there is no ruler, then there was narrated from Ahmad that which indicates that her marriage should be arranged by a man of sound character, with her permission.

Al-Mughni, 9/362.

Shaykh ‘Umar al-Ashqar said:

If there is no ruler of the Muslims, or if the woman is in a place where the Muslims have no ruler, and she has no guardian at all, like the Muslims in America and elsewhere, if there are Islamic institutions in that country that take care of the Muslims’ affairs, then they should arrange her marriage. The same applies if the Muslims have a leader who is in charge or someone who is responsible for their affairs.

Al-Waadih fi Sharh Qanoon al-Ahwaal al-Shakhsiyyah al-Urduni, p. 70

The marriage contract must be witnessed by two adult male Muslims of sound mind. See question no. 2127.

Hence you have to repeat your marriage contract, and it is essential that the woman’s guardian be present, as stated above, as well as two witnesses.

And Allaah knows best.

Islam Q&A

:w:

[Pyro]

pl bro , don't give such advice to anybody . Our parents sacrifised so much for us.....they deserve our respect. Just becasue the sis is having trouble with dad right now , it does not mean that she will hurt them by marrying secretly.

Regarding a hadith , a daughter must have her parent in marriage ceremony. Dad is supposed to be her guardian in her weddeing process.



Also , we need our parents blessing in our life. Why so hurry for marriage....she should take time. Insha Allah everything will bo fine soon.

Well I know that as muslims we should adhere to what our parents tell us to do, unless what they request us to do someting unislamic. Last time I checked, forced marriages are unislamic.

[Islamicboy]

I was listening to shiekh Abdullah Faisal he said if parents refuse because of is race you can still marry without permission. Is this also false?

[Dawud_uk]

I was listening to shiekh Abdullah Faisal he said if parents refuse because of is race you can still marry without permission. Is this also false?

yes and no...

according to most scholars of the hanafi madhab then yes you can, but the opinion is weak and in direct contradiction to sahih ahaddith so the scholars of the other madhabs and even some hanafi scholars dont follow this opinion.

the stronger opinion is that you cannot marry without the WALI'S permission, the wali doesnt need to be the father and as anyone can be removed from a trust by the imam (meaning leader) then the father can be removed as wali and other put in their place IF he abuses his position.

if that happens then the qadi in a muslim country or local sheikh or alim in the rest of the world should remove the father as wali if he finds against him and appoint another from the family willing to do the correct thing, if no one in the family suitable then he should act as wali himself or appoint another from the community.

i do however only know a few imams who have the knowledge and authority to carry out this action of removing a father as wali and acting in his place and are willing to use it but there are probably more but it is not something that is common so most imams only being hafiz of Quran are ignorant of their responsibilities.

assalaamu alaykum,
Abu Abdullah

[Star]

assalaamu alaykum,

Jazaakumullaahu khayr to everyone who has posted replies, your advice and information has helped me greatly, it's helped clear up a lot of misconceptions i had.

:w:

[nocturne]

Assalamualaikum,

firstly, i think you need to lose the belief that your parents will do something bad for you knowingly. they had taken care of you for atleast 20 years and they have far more experience than you. So, its only right that you should involve them in the decision making when it comes to marriage. Try to put the message across to them and if they persist to acting against your wishes then as another brother suggested, try to bring a local imam into this matter to offer another perspective.

But, you might want to remind your parents that its wrong to agree to a marriage, without the consent of the the bride and groom.

[Kittygyal]

Salamualikum.
Ya Allah subhwnatallah help you and make your life easier inshallah Amin
Ma'assalama