Is A Nikah Solemnized Without Guardians Valid?

Is a nikah solemnized without guardians valid?

According to the prevailing opinion in Hanafi madhhab, as it is also the case for men, a pubescent woman may get married without needing her wali (guardian). However, her wali (guardian) may terminate this marriage in case of misalliance. According to imam Muhammad, consent of guardian is a must for validity of the marriage (Marghinani, Hidayah, III, 31-33; Aliyy al-Qari, Fath Bab al-‘Inayah, II, 30).

According to other madhhabs except Hanafi school of thought, a woman can only be married by her wali (guardian). Moreover, the guardian does not need to receive the consent of his daughter, who had never married before, in order to marry her to someone. In the event that the woman under his guardianship is a widow, the guardian may only get her married to someone by asking her permission. These madhhabs evaluate the hadith of “The marriage of a woman who marries without the consent of her guardians is void” (Abu Dawud, Nikah, 19; Tirmidhi, Nikah 14), and similar hadiths as absolute and say that girls may only marry by means of their guardians -even if their consents are taken- (Shafiʽi, al-Umm, VI, 35; Sahnun, al-Mudawwana, II, 118; Ibn Hazm, al-Muhalla, IX, 451; Ibn Qudamah, al-Mughni, IX, 345). Hanafis interpret as “girls and women who do not have the full capacity of marriage will be able to marry only by means of their guardians.”

Guardianship institution’s coming to the forefront in marriage is for reaching the targets such as establishing marriage contract, which will start a lifelong coupledom, on a sound basis as much as possible by making necessary research, predicting and avoiding irrevocable and nonrecoverable mistakes in advance, and ensuring harmony between families of the persons who are going to marry.

Consequently, marriage is a serious institution. Therefore, consents of guardians should be taken while solemnizing nikah. Although a nikah solemnized without having consent of a guardian is valid according to some Islamic scholars, the marrying parties should ask for consents of their parents while parties, with reference to the abovementioned hadith of Prophet Muhammad (saw). If there is no moral, religious, and socio-economic impediment to marriage, guardians should not lay an obstacle by abusing their authorities.

Source: Presidency Of Religious Affairs The Turkey, High Board of Religious Affairs FATWA