Marrying without the consent of one’s father

Question:-

A girl was told that she has to get the permission of her father for the Nikah to be valid. Is this correct? The parents are divorced and the father has not fulfilled the rights of his daughter. Also, can the girl’s maternal uncle represent her at the Nikah ceremony?

Answer:-

The biological father is the guardian of his daughter and she should, therefore, take the consent of her father before solemnizing the marriage. If a Baaligh daughter gets married without the consent of her father, then the Nikah will be valid, but the father is entitled to annul the marriage if there is no compatibility between the spouses. This means that, if the father finds his daughter to be a Deeni person (for example), and the boy to be an open violator of the Shariah, then he may have the marriage annulled on the basis of incompatibility between the spouses. This is the danger of getting married without the consent of the Wali (guardian.) Also, as a daughter she should take the Duas of her father which will always benefit her in life.

We, therefore, advise that she informs her father of her intention and takes his blessing, even though he may have not been the best father. She may also inform him that she will be appointing her mother’s brother to represent her at the marriage ceremony when Nikah will be performed.  At the same time, she should earnestly turn to Allah Ta’ala, beseeching Him to protect her from all harm and, she should discharge some Sadaqah daily. By doing so, there is hope that she will be successful in all her matters Insha’Allah.

In conclusion, the validity of the Nikah is dependent on the permission of the father in the Hanafi Madhab, but she should seek his consent and thereby acquire his blessings before marriage.

(النِّكَاحُ يَنْعَقِدُ بِالْإِيجَابِ وَالْقَبُولِ) لِأَنَّهُ عَقْدٌ فَافْتَقَرَ إلَى الْإِيجَابِ وَالْقَبُولِ كَعَقْدِ الْبَيْعِ لِأَنَّ الْبُضْعَ عَلَى مِلْكِ الْمَرْأَةِ وَالْمَالُ يَثْبُتُ فِي مُقَابَلَتِهِ فَلَمْ يَكُنْ بُدٌّ مِنْ إيجَابٍ مِنْ الْمَرْأَةِ أَوْ مِمَّنْ يَلِي عَلَيْهَا وَقَبُولٍ مِنْ الزَّوْجِ (الجوهرة النيرة ص2 ج2)

فَنَفَذَ نِكَاحُ حُرَّةٍ مُكَلَّفَةٍ بِلَا رِضَا وَلِيٍّ وله اذا كان عصبة الاعتراض في غير الكفو مالم تلد منه ويفتي في غير الكفوء بعدم جوازه اصلا وهو المختار للفتوي  درمختار ص458 ج2 

ALLAH TA’ALA KNOWS BEST!

ANSWERED BY:

Mufti Mohammed Desai

Date: 09 Rajab 1444 / 31 January 2023