Can a girl get married without parents permission???

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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
 
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
 
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.
 
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)
 
: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.



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

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.
 
Life Is Fitnah 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'
Click to expand...

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
 
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.
 
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
 
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
 
Life Is Fitnah 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 EXCUSE, THE MARRIAGE IS INVALID WITHOUT A WALEE'
Click to expand...

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...
 
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
 
Halima said:
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.
Click to expand...

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:
 
afaaro said:
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.............................................
Click to expand...


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
 
: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.
 
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:
 

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