The Majlis Archive

Nikah (Marriage) - Talaaq (Divorce) The Majlis Vol 23 No 02, p.3

A girl eloped with a man and married without the consent of her father.

Question

A girl eloped with a man and married without the consent of her father. The couple had been conducting an illicit relationship for many months. Is the Nikah valid?

Answer

A marriage without the blessings and duas of parents usually ends in the rocks. The type of haraam marriage arrangement you have described almost always ends in misery. Any relationship based on zina will necessarily be beset with misery and end in misery. We have seen too many of these episodes being enacted in this era. Marriage without the consent of the Wali and the Duas of parents is the very last resort. There must be a valid Shar'i reason for taking such a drastic step.

Nikah without the consent of the Wali is baatil (null and void) according to the three Math-habs.

Whilst the Nikah is valid according to the Hanafi Math-hab, it is a major sin. Marriage without the consent of the Wali is not permissible notwithstanding the validity of the Nikah according to the Hanafi Math-hab.

In our time the fundamental cause of such marriages are parents themselves. They have not only abandoned Hijaab, they in fact scorn Hijaab. They send their daughters to schools and they provide instruments of zina such as cell phones and haraam internet facilities for their children. The logical consequences of such an evil upbringing is zina and the elimination of haya. Girls running away with boys is now almost a norm. Parents should live 'comfortably' with the consequences of their own evil. One only reaps what one has sown.

View on themajlis.co.za
Published in
The Majlis Vol 23 No 02
PDF page
3

Appears under NIKAH WITHOUT WALI (approximate).

Was this page helpful?