Is A Nikah Valid With Two Witnesses But Without Wali’s Consent?

Answered by Shaykh Yusuf Weltch

Question

Both the witnesses are upright Muslims who pray regularly and are not engaged in open sin. One of them has studied Islamic Studies and once led two rak‘as of Tarawih. I chose him to ask the marriage questions to both the groom (me) and the bride.

The bride is acting as her own wali since her parents did not approve of the marriage. A mahr (ring) was offered. He asked the correct questions, and both of us agreed. In total, four people were present: the bride, the groom, and two male friends (one acting as an intermediary).

Is this nikah valid?

Answer

In the Name of Allah, the Most Merciful and Compassionate.

In the scenario you described, all of the requirements of a valid marriage contract have been met, assuming that the witnesses mentioned are muslim. These requirements are: a proposal, acceptance, and two Muslim male witnesses, or one Muslim male and two Muslim females. [Maydani, al-Lubab fi Sharh al-Kitab]

That said, due to the absence of the bride’s guardian’s approval, the marriage is prohibitively disliked (makruh tahriman), although valid. That is, unless there was a legally recognized excuse precluding the need for guardian consent. [Ibid.]

Our mother, ‘Aisha (Allah be pleased with her), narrates that the Messenger of Allah (Allah bless him and give him peace) said,

“Any woman who marries without the permission of her guardian, then her marriage is void; her marriage is void; her marriage is void. If consummation occurs, she is rightfully owed the dowry due to the lawfulness of intercourse. If there is some impediment (to having guardian consent), then the ruler is the guardian for whoever has no guardian.” [Ahmad; Tirmidhi; Abu Dawud; Ibn Maja]

If she marries someone who is not considered legally compatible, the father (or guardian) has the right to seek annulment of the marriage. [Ibn ‘Abidin, Radd al-Muhtar]

Summary

There is a difference between the technical validity of a marriage and a marriage that fulfills the Prophetic guidance. The latter leads to the most blessings in the marriage and is pleasing to Allah Most High.

The above technicalities are only there to facilitate marriage for someone who does not have a valid guardian, such as a female convert to Islam whose parents are not muslim (and therefore cannot act as a guardian in marriage). Or a woman whose parents are unreasonably or maliciously preventing their daughter from getting married (which is her right).

These rulings are not meant for people to seek loopholes to circumvent their parents’ reasonable objections.

Hope this helps
Allah knows best
[Shaykh] Yusuf Weltch
Checked and Approved by Shaykh Faraz Rabbani

Shaykh Yusuf Weltch is a teacher of Arabic, Islamic law, and spirituality. After accepting Islam in 2008, he studied at Darul Uloom Seminary in New York and later completed his studies at Darul Mustafa in Tarim, Yemen.

There, he completed the memorization of the Quran and his study of Islamic Sciences. Throughout his years of study, he was blessed to learn from many great scholars: Habib Umar bin Hafiz, Habib Kazhim al-Saqqaf, Shaykh ‘Umar bin Husayn al-Khatib, and others.

Upon returning, he joined the SeekersGuidance faculty in the summer of 2019.