QUESTION:
Can the Nikah of a woman, who resides in South Africa, be performed here in South Africa if she doesn’t have any guardians or representatives with her? Her family live abroad. If yes, please explain the procedure it entails?
ANSWER:
It seems from the nature of your query that the guardian of the female has no objection in her getting married. However, he is probably unable to attend the Nikah ceremony due to him residing abroad. If this is the case, then she should seek the permission of her guardian telephonically, or through social media, and then get married so that her Nikah is not void of Barakah. Please also take note of the following Mas’ala wherein a mature female may marry without the consent of her guardians in the Hanafi Madhab, but the marriage will be void of blessings, hence we advise that she should inform her guardian and seek his blessings.
نفذ نكاح حرة مكلفة بلا ولي وهذا عند أبي حنيفة وأبي يوسف في ظاهر الرواية … قوله: نفذ نكاح حرة مكلفة بلا ولي إلا أنه خلاف المستحب اهـ فتح ( تبيين الحقائق 2/117)
Re: Fataawa Daarul Uloom Zakariyya Vol. 3 Pg. 618
ALLAH TA’ALA IN HIS INFINITE KNOWLEDGE KNOWS BEST!
ANSWERED BY:
Maulana Abdul Kader Fazlani
Date: 04 Muharram 1446 / 11 July 2024
CHECKED AND APPROVED BY:
Mufti Mohammed Desai
