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Marriage without parents consent.

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:

What does Quran say about, if a young muslim boy and young muslim girl ( both are adults) gets marired, without parents acceptens?

 

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Answer:

 

Marriage without parents consent

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 none worthy of worship but Allah Alone, and we bear witness that Muhammad (saws) is His slave-servant and the seal of His Messengers.

 

Ref: Parents consent for the bride to marry

There are four absolutely obligatory conditions for a marriage or ‘nikaah’ to be deemed lawful in the Sight of Shariah and of Allah Subhanah:

  1. Proposal by one party and acceptance by the other.
  2. The determination of ‘mehr’ for the bride.
  3. The availability of at least two witnesses to the marriage contract.
  4. The consent of the parents/guardians (wali) of the bride.

 

If even one of the above four obligatory conditions of a ‘nikaah’ are not honored, the marriage will not be deemed lawful, null and void in the Sight of Shariah Law and of Allah Subhanah.

 

Sunan of Abu-Dawood Hadith 2078 Narrated by Aisha, Ummul Mu`minin

The Messenger of Allah (saws) said: 'The marriage of a woman who marries without the consent of her guardians (wali) is void.' (He (saws) said these words three times.)

 

Al-Tirmidhi Hadith 3137 Narrated by Abu Hurayrah

Allah's Messenger (saws) said, "A woman may not give a woman in marriage, nor may she give herself in marriage, for the immoral woman is the one who gives herself in marriage."

 

It is unlawful in Shariah Law for a woman to give herself in marriage, or to marry someone without the prior consent of her ‘wali’ (parents, guardians, etc.).

 

If the parents/wali/guardians of the bride are believers, and if a woman marries someone without the prior consent of her ‘wali’, or if any of the above listed four absolutely obligatory conditions on a ‘nikaah’ are violated….that marriage contract will be deemed null and void in the Sight of Allah Subhanah and in the Sight of Shariah Law.

 

Ref: Parents consent for the groom to marry:

Allah Says in the Holy Quran Chapter 25 Surah Furqaan verse 54:

54 It is He Who has created man from water: then has He established relationships through blood and (through) marriage: for thy Lord has Power (over all things).

 

Islam guides that a marriage is not merely a union of two people who love each other, but rather a sacred union that unites two whole families….thus if one is faced with a situation whereby their son is so in ‘love’ with an eligible girl (believer, chaste, etc.) and the parents of the boy are satisfied with the character and the practice of religion of the girl…..they should accede with the choice and request of their son.

 

Although the consent of the boy’s parents is not an obligatory condition of a marriage in Islam, it would only be piety and righteousness on the part of the son to make sure that he has the approval and consent of his parents before he marries the girl. If for any reason one finds that their parents are just not willing to consent to their choice, it would be better to marry another girl whom the boy and the parents both approve of….for marriage in Islam is but a ‘Sunnah’ (voluntary), but to obey and be dutiful to the lawful commands of one’s parents is ‘Fard-ayn’ or absolutely obligatory upon every believer who sincerely believes in Allah and the Last Day.

 

Al-Tirmidhi Hadith 4941 Narrated byAbu Umamah

A man said, "O Messenger of Allah (saws) what rights can parents demand from their children?" He (saws) replied, "They are (or your relation with them will determine) your Paradise and your Hell!"

 

Sahih Al-Bukhari Hadith 3.821 Narrated by Anas

The Prophet (saws) was asked about the ‘Grave Sins’, and He (saws) replied, "They are:--

(1 ) To join others in worship with Allah,

(2) To be undutiful to one's parents,

(3) To kill a person (which Allah has forbidden to kill)

(4) And to give a false witness."

 

Al-Tirmidhi Hadith 4928 Narrated by Abud Darda

When a man came to him and said, "I have a wife whom my mother commands me to divorce," he replied to him that he had heard Allah's Messenger (saws) say, "A parent is the best of the gates of Paradise; so if you wish, keep to the gate, or lose it."

 

Allah Says in the Holy Quran Chapter 2 Surah Baqarah verse 216:

216 ……But it is possible that ye dislike a thing which is good for you and that ye love a thing which is bad for you. But Allah Knows and ye know not.

 

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

 

Your brother and well wisher in Islam,

 

 

Burhan

 


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