Is My Marriage Valid if the Shaykh Acted as My Wali Due to Estranged Family Relationships?
Answered by Shaykh Irshaad Sedick
Question
I got married three years ago, during which I had a strained relationship with my father and faced issues with my older brother, who interfered in the marriage. We requested the Shaykh performing the nikah to act as my wali since my mother attempted to contact my father, but he did not respond. Was this marriage valid?
Answer
In the Shafi‘i School, the validity of a marriage contract (nikah) depends significantly on the presence of a valid wali (guardian) for the bride. Generally, the father is considered the primary wali, and if he is available and reachable, his consent is required for the marriage to be valid. [Nawawi, Minhaj]
Therefore, based on the Shafi‘i School, the marriage in question is invalid based on the information provided. However, there may be some specific details to be considered, and the questioner is advised to consult the nearest traditional Islamic center to investigate the details of the problem and consider finding other solutions.
Expanded Details
If the father is estranged but still alive and capable of giving consent, his role as a wali cannot be bypassed without a legitimate reason.
In your case, you mentioned that your mother tried contacting your father, but he did not respond. If he was utterly unreachable after reasonable efforts were made to contact him, and there was no way to get his permission, then a wali from the following closest male relatives or legal authority, such as an appointed Shaykh, could potentially take his place as your wali. Please find the details here.
However, if the father could be contacted but refused to respond out of personal grievances, his lack of involvement might not be sufficient to invalidate the marriage. The Shaykh acting as your wali may have done so on the assumption that the father’s lack of response was an implicit refusal or neglect, which could justify another wali stepping in.
To definitively assess the validity of your marriage, a local Shafi‘i scholar would need to understand the details of your father’s availability and the efforts made to contact him. Under these circumstances, the marriage would likely be valid if the Shaykh fulfilled the requirements of a valid wali. Nevertheless, seeking direct counsel from a scholar who can thoroughly evaluate your situation is recommended.
I pray this is of benefit and that Allah guides us all.
[Shaykh] Irshaad Sedick
Checked and Approved by Shaykh Muhammad Abu Bakr Badhib
Shaykh Irshaad Sedick was raised in South Africa in a traditional Muslim family. He graduated from Dar al-Ulum al-Arabiyyah al-Islamiyyah in Strand, Western Cape, under the guidance of the late world-renowned scholar Shaykh Taha Karaan.
Shaykh Irshaad received Ijaza from many luminaries of the Islamic world, including Shaykh Taha Karaan, Mawlana Yusuf Karaan, and Mawlana Abdul Hafeez Makki, among others.
He is the author of the text “The Musnad of Ahmad ibn Hanbal: A Hujjah or not?” He has served as the Director of the Discover Islam Centre and Al Jeem Foundation. For the last five years till present, he has served as the Khatib of Masjid Ar-Rashideen, Mowbray, Cape Town.
Shaykh Irshaad has thirteen years of teaching experience at some of the leading Islamic institutes in Cape Town). He is currently building an Islamic online learning and media platform called ‘Isnad Academy’ and has completed his Master’s degree in the study of Islam at the University of Johannesburg. He has a keen interest in healthy living and fitness.
