Is My Marriage Valid Without Parental Consent and a Non-Muslim Witness, and How Do I Address Family Objections?

Answered by Shaykh Yusuf Weltch

Question

I married without my parents’ permission, with a non-Muslim friend as a witness. My family refuses to accept the marriage due to differences in wealth and education and wants me to remarry. Is my marriage valid, and what should I do in this situation?

Answer

In the Name of Allah, the Most Merciful and Compassionate

A marriage without two male or one male and two female Muslim witnesses is invalid. Additionally, if the marriage was valid, the parents have the right to annul the marriage, if their daughter marries without their consent to someone who is not legally considered compatible according to the Islamic law understanding of compatibility. [Maydani, al-Lubab fi Sharh al-Kitab]

Unreasonable Refusal of the Guardian (Waliyy)

If one finds that their guardian (waliyy) is being unfair in refusing the marriage of a specific suitor, the following steps should be considered:
1) A candid conversation with the father/guardian
2) If needed, bring in to the conversation other members of the family or people that the father/guardian respects
3) Going to local scholars to intervene in the situation

Make dua to Allah Most High and especially perform the prayer of seeking guidance

Allah knows best

[Shaykh] Yusuf Weltch
Checked and Approved by Shaykh Abdul-Rahim Reasat 

Shaykh Yusuf Weltch is a teacher of Arabic, Islamic law, and spirituality. After accepting Islam in 2008, he went on to study at Darul Uloom Seminary in New York and completed his studies in Darul Mustafa in Tarim, Yemen. There he completed the memorization of the Qur’an and his study of the Islamic Sciences. Throughout his years of study he was blessed to learn from many great scholars: al-Habib Umar bin Hafiz, al-Habib Kazhim al-Saqqaf, al-Shaykh Umar bin Husayn al-Khatib, and others. Upon returning, he joined the SeekersGuidance faculty in the summer of 2019.