Darul Iftaa Mahmudiyyah

Nikah without a wali.

· 8 Safar 1434 AH1 min readFatwa 23275English

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

References (Arabic / Urdu sources)

[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

Checked & approved by
Mufti Ebrahim Desai Saheb
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Source: Darul Iftaa Mahmudiyyah — https://askimam.org/public/question_detail/23275
Fatawa SA: https://fatawa.co.za/fatwa/askimam-23275

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