Can a girl get married without parents permission???

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

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)

edit

format_quote Originally Posted by Life Is Fitnah

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

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

format_quote Originally Posted by 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.

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