The Ruling on a Woman Traveling with Her Fiancé and Marriage Without the Guardian's Permission
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This is a message received by the program from the sender (A. A. A.), a Somali resident in the city of Riyadh. The questioner says in his message: Is it permissible for a Muslim woman to go with a non-mahram man, and they have agreed to marry, whether her father refuses or agrees? And in the case of the father's refusal for some reason, the two go to a distant area, a distance of qasr, and there the marriage contract is concluded. We all know that the first seclusion is forbidden. Please inform us, may Allah reward you?
Answer: This action is not permissible. It is not permissible for a man to travel with a woman who is not a mahram to him, even if he is her fiancé. This travel and this seclusion are suspect, so it is absolutely not permissible. He should not be alone with her, nor travel with her. Rather, he must be cautious of that, and she must be cautious of that. She has no marriage except with her wali (guardian). The Prophet (peace and blessings be upon him) said: "There is no marriage except with a wali." So she has no right to marry a person, neither after traveling a distance of qasr nor otherwise, except with the wali. And the wali is her father or the one her father appoints as an agent from among those who are qualified for agency. As for her traveling with her fiancé before marriage, before the contract, this is not permissible. She has no right to travel with him except with the permission of her family, even after the contract, except with the permission of her family, so that there is nothing of that which has a bad outcome.
So the result is: Her traveling with this fiancé is an abomination and is not permissible, and it is one of the means to fornication. She has no right to marry except with the permission of her wali. If her wali refuses to marry her off, she can request the court to look into the matter. As for her marrying herself, this is not for her to do. And the fiancé has no right to travel with her, or be alone with her, or force her to marry him without her wali. All of this is an abomination. Yes.
The presenter: May Allah reward you.
Answer: This action is not permissible. It is not permissible for a man to travel with a woman who is not a mahram to him, even if he is her fiancé. This travel and this seclusion are suspect, so it is absolutely not permissible. He should not be alone with her, nor travel with her. Rather, he must be cautious of that, and she must be cautious of that. She has no marriage except with her wali (guardian). The Prophet (peace and blessings be upon him) said: "There is no marriage except with a wali." So she has no right to marry a person, neither after traveling a distance of qasr nor otherwise, except with the wali. And the wali is her father or the one her father appoints as an agent from among those who are qualified for agency. As for her traveling with her fiancé before marriage, before the contract, this is not permissible. She has no right to travel with him except with the permission of her family, even after the contract, except with the permission of her family, so that there is nothing of that which has a bad outcome.
So the result is: Her traveling with this fiancé is an abomination and is not permissible, and it is one of the means to fornication. She has no right to marry except with the permission of her wali. If her wali refuses to marry her off, she can request the court to look into the matter. As for her marrying herself, this is not for her to do. And the fiancé has no right to travel with her, or be alone with her, or force her to marry him without her wali. All of this is an abomination. Yes.
The presenter: May Allah reward you.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.