Fatwa: # 23275
Category: Marriage
Country: United Kingdom
Date: 21st December 2012

Title

Nikah without a wali.

Question 

 
I am enquiring if you can conduct a nikah without the girl having wali, as there are some family issues
 stopping the girl moving forward..
 
Is this permissible under the Hanafi madhab?
If so, can you refer us to a Masjid or Imam in London who can arrange this?

Answer

In the Name of Allah, the Most Gracious, the Most Merciful.

 

As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.

 

According to the Hanafi school of thought, the nikah (marriage) of a mature woman (baaligha)who gets married without a wali (guardian) is valid.[i] However, it is not advisable due to the many complications that may arise. Also, it is important for a healthy marriage that one has the blessing of one’s parents.

 

And Allah Ta’āla Knows Best

 

 

Checked and Approvedby,
Mufti Ebrahim Desai Saheb

 


[i]( وَهُوَ ) أَيْ الْوَلِيُّ ( شَرْطُ ) صِحَّةِ ( نِكَاحِ صَغِيرٍ وَمَجْنُونٍ وَرَقِيقٍ ) لَا مُكَلَّفَةٍ ( فَنَفَذَ نِكَاحُ حُرَّةٍ مُكَلَّفَةٍ بِلَا ) رِضَا ( وَلِيٍّ )

الدر المختار، ص١٨٣، دار الكتب العلمية

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