Sorry just another point I thought I'd mention with regards to what Umu Isa said above:
The following is some information I gleaned from ************** and this reply is from Sheykh Faraz Rabanni:
"According to the famous relied upon position within the Hanafi school, the marriage of a woman without the approval of her wali is only valid if the person she is marrying is legally considered a suitable match (kuf') .
Otherwise, the marriage is invalid, and they would be considered to be living in zina.
This is the position adopted by the overwhelming majority of the Hanafi fuqaha, and was chosen by Ibn Abidin in his Hashiya as well. Shaykh Mahmoud Ashraf Usmani says that this is the generally adopted position of the fuqaha of the Subcontinent, and this is what I heard Shaykh Adib al-Kallas of Damascus say is generally adopted.
Given the danger of this issue, each specific case should be referred to a qualified God-fearing scholar .
It is very important to note that the fuqaha point out that even when a woman's marriage without the explicit approval of her wali is *valid*, it is: (a) going against the Sunna and (b) may well entail being bad to one's parents, which is among the most serious of enormities.
The fuqaha explain that the "approval" is not a general "acceptance" to marry but, rather, an approval of the actual marriage contract taking place, because at the legal level, the marriage contract must be seen as a civil contract where the approval of the wali is an expected part .
As for who the guardian (wali) is supposed to be, this is known, and the order of closeness of guardianship must be followed.
As such: In order to do that which is best, the two parties should press their parents to allow them to have the nikah as soon as possible, which adhering to good manners and respect. It must be noted that it is very much possible to be firm and insistent while adhering to good manners, a point lost on many. If the parents are being 'unreasonable' then the reasonable solution is to take the case to a qualified God-fearing scholar. "
On a personal level I thought a woman has every right to choose her husband with the approval of her parents BUT if the parents can find NO just cause to disapprove (in this case my being a Pakistani) then the marriage can take place even without approval....although I fully understand this is the last option to take.
The following is some information I gleaned from ************** and this reply is from Sheykh Faraz Rabanni:
"According to the famous relied upon position within the Hanafi school, the marriage of a woman without the approval of her wali is only valid if the person she is marrying is legally considered a suitable match (kuf') .
Otherwise, the marriage is invalid, and they would be considered to be living in zina.
This is the position adopted by the overwhelming majority of the Hanafi fuqaha, and was chosen by Ibn Abidin in his Hashiya as well. Shaykh Mahmoud Ashraf Usmani says that this is the generally adopted position of the fuqaha of the Subcontinent, and this is what I heard Shaykh Adib al-Kallas of Damascus say is generally adopted.
Given the danger of this issue, each specific case should be referred to a qualified God-fearing scholar .
It is very important to note that the fuqaha point out that even when a woman's marriage without the explicit approval of her wali is *valid*, it is: (a) going against the Sunna and (b) may well entail being bad to one's parents, which is among the most serious of enormities.
The fuqaha explain that the "approval" is not a general "acceptance" to marry but, rather, an approval of the actual marriage contract taking place, because at the legal level, the marriage contract must be seen as a civil contract where the approval of the wali is an expected part .
As for who the guardian (wali) is supposed to be, this is known, and the order of closeness of guardianship must be followed.
As such: In order to do that which is best, the two parties should press their parents to allow them to have the nikah as soon as possible, which adhering to good manners and respect. It must be noted that it is very much possible to be firm and insistent while adhering to good manners, a point lost on many. If the parents are being 'unreasonable' then the reasonable solution is to take the case to a qualified God-fearing scholar. "
On a personal level I thought a woman has every right to choose her husband with the approval of her parents BUT if the parents can find NO just cause to disapprove (in this case my being a Pakistani) then the marriage can take place even without approval....although I fully understand this is the last option to take.
