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Aslaam alkium

My question is if a girl and boy get married secretly there parents do not know about their nikah, and the boy has 2 witness for the nikah his friends and a wali for the girl, the girl does not know the wali she has never seen the wali or the witnesses and the wali is the one who did the nikah and the girl has no witness from her side her dad is not at the nikah no one is from the girls side and the nikah took place on phone and they never seen each other only heard the nikah take place and the girl never heard the boy say kabool is the nikah valid??

asked 153 sooniya's gravatar image

take note of what Rasulullah (sallallaahu alayhi wa sallam) mentioned: ‘a nikah without the consent of the wali is batil‘ (void, not having any religious weight.) Here Batil can mean one of two things: such a nikah is void, and thus you both would be living in the state of adultery and sin; or as other scholars have stated, batil means a wretched, disliked and a reprehensible action had taken place in the Sight of Allah (subhanahu wa ta’ala). Both definitions imply that one should be cautious with their independent mindset on marriage.

(May 30 at 17:45) QasimSajid QasimSajid's gravatar image

No. The wali can not just be arbitrarily assigned to some stranger. It has to be a legal guardian of the girl who is a Muslim adult of sound mind. If your father fits this description, then he is the wali.. therefore, he has to give consent and be present. Otherwise it is not valid.

(..If your father has passed away or is not Muslim, etc. then the wali is your paternal grandfather, if not him then your brother, etc. and the list goes down the relatives until it reaches that there is no suitable wali from the relatives, and thus guardianship is then placed upon the Muslim ruler/judge/leader).

Anyway - my dear sister, you could marry anyone suitable but you only have one set of parents who raised you and want what is best for you. If you do things secretly behind their backs, then subconsciously you know that they wouldn't approve of this guy you are 'with' because he is not very good/righteous. Do you want to end up with someone like that and possibly lose the love/support of your parents (not to mention be involved in sin since the marriage contract may not be valid)? No. So do things in a proper/halal and honorable manner, with the knowledge and approval of your parents. [It is a different story if the parents are being irrational. But if they are not, then obey them].

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answered 5736 iLove01's gravatar image
edited May 30 at 16:25

iLove01 you are truly right but this question is for my friend and I told her what you said if you could answer 1 more question of hers if this nikah as you said is not valid in that case what would she need to do to break it or can she just remarry someone else?

(May 30 at 16:33) sooniya sooniya's gravatar image

I answered with the general Islamic view. I suggest that she speak with a scholar though who can issue her a specific and proper ruling. But generally - invalid contracts may be annulled.

(May 30 at 16:49) iLove01 iLove01's gravatar image
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Asked: May 30 at 08:43

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Last updated: May 30 at 17:45



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