:salam2:
Is wedlock / marriage contract / Nikkah) remain valid or annulled in case if a girl do it without getting prior permission/approval of from her parents or legal guardian?
Please share your knowledge. 
Re: Is Wedlock/Marriage Contract (Nikkah) Valid Or Annulled? If…
Hm.. I’m ofcourse very limited in my knowledge but I believe if a girl is an adult, that is passed a certain age of maturity(or puberty) with healthy state of mind, her any decision wont get annulled just because she hasnt taken formal permission of her parents/guardians.
Same goes for marriage. If a adult girl hasnt taken permissions it may be wrong from ethical point of view but otherwise its still intact.
Re: Is Wedlock/Marriage Contract (Nikkah) Valid Or Annulled? If…
Nikkah = marriage
Rest are formalities
She is already gone to the guy or her in-laws
So got nothing to do with parents or guardians
So your question is invalid
Re: Is Wedlock/Marriage Contract (Nikkah) Valid Or Annulled? If…
The general agreement of scholars on the issue is that a girl does require permission from here wali (guardian) for the nikaah to be valid. Hadith is clear “there is no nikaah without a wali” and another hadith says “any woman who got married without the wali, then her nikaah is invalid, invalid, invalid (he repeated it three times)”.
This is regardless of the age of the woman, she may be small or big, but needs the wali to be present. Another point to remember here is that the wali has no right to force a girl to marry against her will nor does he have the right to refuse her marriage if there is no valid reason for the refusal. The girl may go to the court if the wali does so and the qazi may rule her nikaah to be valid without a wali if he is objecting to the marriage for no valid reason.
Re: Is Wedlock/Marriage Contract (Nikkah) Valid Or Annulled? If…
@armughal, You’res provided information is correct.
I think we all should be aware because peoples especially females may think their nikka is valid but in fact it is invalid.
Re: Is Wedlock/Marriage Contract (Nikkah) Valid Or Annulled? If…
As far as I know: Only girl who is getting married first time, permission of wali is necessary. Though, permission or no permission, if nikah happened, than that nikah is valid if girl is adult (over the age of puberty).
Anyhow, if girl is getting married first time, and girl’s marriage is not in kuff (equals … in status and family background) or if there is some valid reasons with wali, than wali can get that nikah dissolved (obviously, get khula for the girl through court), but that is only possible if marriage happened in Muslim country and Islamic law is observed in that country. Anyhow, if girl is divorcee or widow, than she do not need permission of wali to marry anyone, neither wali have right to get her nikah dissolved.
Re: Is Wedlock/Marriage Contract (Nikkah) Valid Or Annulled? If…
If a girl is not dependent , working so there is no wali
If a girl is living somewhere else , away from parents like in education , sufficient away from her home , There is no wali
marrying second or more time , no wali
So Wali is very limited term for normal families and if Wali not permit her , Qazi/Court is the forum to decide
this week a ‘Wali’ , Chacha killed her niece because she was not ready to marry his disable son
Any comment about this type of ‘Wali’
Re: Is Wedlock/Marriage Contract (Nikkah) Valid Or Annulled? If…
Peace,
There is no concept of love marriage.
Re: Is Wedlock/Marriage Contract (Nikkah) Valid Or Annulled? If…
The Hanafi madhab does not actually require permission but the others do..
Culturally obviously it’s a massive no-no..
Re: Is Wedlock/Marriage Contract (Nikkah) Valid Or Annulled? If…
I also remember a hadith where a women came to the Prophet and said that her parents strong armed her into this marriage that she didn’t like because the guy (a sahabi) wasn’t good looking. The prophet told her that she could dissolve that marriage.
Wali is a guarding not a dictator which muslim men think is their right.
Re: Is Wedlock/Marriage Contract (Nikkah) Valid Or Annulled? If…
As far as I know: Concept of Wali and his permission in marriage is in every Muslim madhab/sects.
I do not think the hadith you are trying to refer, you are referring correctly, You are right that a women [wife of Thabit (RA)] came to Prophet (SAW) wanting khula from her husband (Sahabi) who was of good character and loved her. She wanted Khula because she did not liked his look. But it is nothing about parents forcing her in that marriage. Prophet (SAW) granted her Khula when she agreed to return the marriage gift (I think it was a garden) back to her husband.
From this hadith, it is clear that a woman can ask for Khula for any reason she considered appropriate and no one can force her to stay in marriage if she do not want to, as long as she is willing to return the Mahr (or marriage gift) back to her husband.
Actually (as far as I know), if there is valid reason for Khula, judge can reduce or can even write off completely what she has to pay back (return) to her husband (from her marriage gift) to get Khula. But obviously, if there is no valid reason acceptable to judge (reasons, acceptable in Islam) than she can still take khula but have to return all Mahar (marriage gift) she received.
Re: Is Wedlock/Marriage Contract (Nikkah) Valid Or Annulled? If…
^
"According to the Hanafi School of jurisprudence, if a free pubescent woman marries a man without the consent of her guardian, her marriage is valid whether she is a virgin or a previously married woman. If the husband is considered a suitable match for the woman, her guardians have no right to object to her marriage. However, if the husband is not a suitable match for the woman, then her guardians have the right to object and demand the annulment of such a marriage contract."
The Hanafi School and the issue of Wali - Islam web - English
Hanafis are the exception of the 4 schools of thought, though many of us here fall under that..
In a culture where arranged marriages are the norm it will be looked down upon and with suspicion though..
Re: Is Wedlock/Marriage Contract (Nikkah) Valid Or Annulled? If…
^
Peace Deeba1234,
It is agreed upon that if authentic narration is found, then opinions of schools of thoughts will be overruled.
Re: Is Wedlock/Marriage Contract (Nikkah) Valid Or Annulled? If…
It’s like anything else in religion. You gotta pick and choose what seems right. You can’t blindly follow something that was said 1400 years ago.
You gotta decide what’s more important to you, your marriage and kids or same lame ass religious ruling.
Re: Is Wedlock/Marriage Contract (Nikkah) Valid Or Annulled? If…
Peace @SaeedinPakistan,
Almighty Allah gifted all of us ‘free will’. So it is upto us whether we wants to follow/stick to the religious ruling or do contrary as we like. Religious rulings are simple to follow but some others find it hard to digest and as usual, accuse.
Re: Is Wedlock/Marriage Contract (Nikkah) Valid Or Annulled? If…
In pakistan, as per the practice of Hanafi school of though, a woman of mature age does not require her parents permission for nikah as the prerequisite for its legality in Islam.
Re: Is Wedlock/Marriage Contract (Nikkah) Valid Or Annulled? If…
Based on my notes form Fiqh class (Hanafi)
If a woman marries someone who is legally suitable then nobody can refuse it, even her Wali
a. Mustahab to have the Wali’s agreement
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If she marries without the permission and the man is legally deemed unsuitable
a. It is a suspended marriage i. Father has final say and the court can annul the marriage 1. But if a child is born then the marriage carries on 2. If he agrees to it then the contract takes place again b. Marriage is not valid i. Majority of later Hanafi’s used this ii. Contract will need to take place again
Re: Is Wedlock/Marriage Contract (Nikkah) Valid Or Annulled? If…
Are we saying women never reach adulthood? Because if they were adults they wouldn’t need a male guardians permission to marry someone or do whatever. Sounds mighty sexist.
Re: Is Wedlock/Marriage Contract (Nikkah) Valid Or Annulled? If…
up until a century or so ago, women were considered property when property exchanges hand it needs owners permission.
Re: Is Wedlock/Marriage Contract (Nikkah) Valid Or Annulled? If…
So if you ran away from home and get married without your family knowing such a nikah is not valid ?