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Is Wali obligatory for marriage?

Mu' meneen Brothers and Sisters,

As Salaam Aleikum wa Rahmatullahi wa Barakatuh.  (May Allah's Peace, Mercy and Blessings be upon all of you)

 

 

One of our brothers/sisters has asked this question:

i am very confused about the under mentioned Q & A from the other site islam.com  can you explain me thanks

a sister in islam

 

Question on an Islamic site

I got married to my wife in 1994 under the supervision of qazi and ulema. But the girls parents were not ready and so we had to marry without their consent and without their knowledge. Now after 6 years I have four kids and the parents of my wife got a fatwa from the Kingdom Of Saudi Arabia that the marriage is not valid and its against the Islam they says that without the will and the wish of their parents and without their consent this marriage cannot be proceeded more and they call it HARAM, my wife age was 19 when I got married and according to the LAW AND ORDER AND ISLAM the girl was completely matured and she can do the thing of her wish and will, but they want me to give her divorce(TALLAQ)

 

Answer on the Islamic site

Indeed the Islamic marriage does lay the stipulation of the consent of the girls father or her Wali, usually a Wali is the father and in his absence a responsible person has to be properly appointed Wali of the girl - The age of the girl is no consideration in observing this fundamental requirement. The consent of both the girl AND her Wali are essential. Without the consent of the Wali, the Nikah is invalid. All schools of Islamic Law agree on this point. If you conducted a "civil marriage" in a non-Islamic country, then you can live as a "wedded" couple according to the law of the land, and the law of the Land will protect you if someone wants to take your wife or children away. However, if you want to have an Islamic opinion, then, I am afraid your marriage was not according to the Shariyah. A Muslim Qadhi will not be able to help. The only way it could be rectified in Islamic Shariyah is by obtaining the consent of the Wali of your wife. This opinion is all based


 

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Answer:

 

Is Wali obligatory for marriage?

In the name of Allah, We praise Him, seek His help and ask for His forgiveness. Whoever Allah guides none can misguide, and whoever He allows to fall astray, none can guide them aright. We bear witness that there is no one (no idol, no person, no grave, no prophet, no imam, no dai, nobody!) worthy of worship but Allah Alone, and we bear witness that Muhammad(saws) is His slave-servant and the seal of His Messengers.

 

The answer given by the scholar is incorrect. The Hanafi School of Thought is of the opinion that the wali is not a condition in an Islamic marriage. They are of the opinion that if a marriage is done without a wali for any reason, it will be deemed as legal and valid in Shariah.

 

If there were two witnesses to the marriage, the mehr was agreed, and the proposal made by the groom was accepted by the bride, the marriage done by an Islamic Judge will be deemed perfectly legal and valid in Shariah.

 

Whatever written of Truth and benefit is only due to Allahs Assistance and Guidance, and whatever of error is of me. Allah Alone Knows Best and He is the Only Source of Strength.

 

Your Brother in Islam,

 

 

Burhan

 


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