The Ruling on a Woman’s Marriage Without the Knowledge of Her Parents
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Question:
A man married a woman without the knowledge of her parents, and the couple remained in confusion. They wondered if their marriage would be dissolved by the anger of the wife’s parents, and whether they had to pronounce a divorce to please the parents. What is the ruling of the Book and the Sunnah regarding this marriage?
Answer:
This requires detailed explanation. The father is the wali (guardian). How can she marry when the father, who is the wali, is unaware? This is not valid. However, if the wali is oppressive, preventing her from marrying without right, then the second wali has the right to marry her off in place of the father, such as her brother or her existing paternal uncle, the closest person after the father. He may marry her off even if the father is unaware. If the father is oppressive and unjust, having restricted her and prevented her from marrying, his guardianship is dropped. Then someone other than him marries her off, such as his son who is her brother, or his brother who is her paternal uncle, if he has no sons, or if his sons are also oppressive like him, preventing her from marrying. In that case, the other wali has the right to marry her off. And if they all prevent her, the judge has the right to marry her off if the walis refuse to marry her off without right and oppress her, whether for a large amount of wealth, or for enmity between them and the suitor, or for other reasons. In that case, the judge and the one in authority have the right to marry her off, even if her father and brothers do not know, and even if they are imprisoned for it; there is no harm in this, because this is removing injustice from the woman.
As for someone other than her father marrying her off without right, without oppression from her father, and without a legal cause; this results in a marriage that is invalid and defective. The Prophet (peace and blessings be upon him) said:Sunan Ibn Majah 1880Sahih (Darussalam) And her father is the wali, taking precedence over the rest of the walis.
The point is: if she is married off without a legal wali, the marriage is defective, and the husband and wife deserve disciplinary action and discretionary punishment from the authorities, so that they do not return to such an act, neither they nor others. However, if the marriage is due to oppression from the walis, and with legal permission from the authorities, because this wali was oppressive and unjust, his guardianship is dropped. This is because Allah said: [Al-Nisa: 19]. If her father, or her brothers, or her paternal uncles, or her paternal cousins oppress her and prevent her from marrying, the one in authority intervenes, and the judiciary intervenes. The Prophet (peace and blessings be upon him) said: Sunan Abi Dawud 2083Sahih (Al-Albani) And the oppressor is not a wali.
Question : If there is enmity between them, and he married her off by force...
Answer: Who is he?
The student : Meaning, if the suitor between him and the wife’s family...?
Answer: The one in authority looks into it, and the matter is referred to the judge, and the judge looks into whether they are oppressing her due to hostility between them in disputes, and the like of that, while he is good in himself, and he wants her, and she wants him. What is his fault?
A man married a woman without the knowledge of her parents, and the couple remained in confusion. They wondered if their marriage would be dissolved by the anger of the wife’s parents, and whether they had to pronounce a divorce to please the parents. What is the ruling of the Book and the Sunnah regarding this marriage?
Answer:
This requires detailed explanation. The father is the wali (guardian). How can she marry when the father, who is the wali, is unaware? This is not valid. However, if the wali is oppressive, preventing her from marrying without right, then the second wali has the right to marry her off in place of the father, such as her brother or her existing paternal uncle, the closest person after the father. He may marry her off even if the father is unaware. If the father is oppressive and unjust, having restricted her and prevented her from marrying, his guardianship is dropped. Then someone other than him marries her off, such as his son who is her brother, or his brother who is her paternal uncle, if he has no sons, or if his sons are also oppressive like him, preventing her from marrying. In that case, the other wali has the right to marry her off. And if they all prevent her, the judge has the right to marry her off if the walis refuse to marry her off without right and oppress her, whether for a large amount of wealth, or for enmity between them and the suitor, or for other reasons. In that case, the judge and the one in authority have the right to marry her off, even if her father and brothers do not know, and even if they are imprisoned for it; there is no harm in this, because this is removing injustice from the woman.
As for someone other than her father marrying her off without right, without oppression from her father, and without a legal cause; this results in a marriage that is invalid and defective. The Prophet (peace and blessings be upon him) said:
There is no marriage except with a guardian.
لا نكاح إلا بوليThe point is: if she is married off without a legal wali, the marriage is defective, and the husband and wife deserve disciplinary action and discretionary punishment from the authorities, so that they do not return to such an act, neither they nor others. However, if the marriage is due to oppression from the walis, and with legal permission from the authorities, because this wali was oppressive and unjust, his guardianship is dropped. This is because Allah said:
And do not prevent them
وَلَا تَعْضُلُوهُنَّthe sultan (man in authority) is the guardian of one who has none
السلطان ولي من لا ولي لهQuestion : If there is enmity between them, and he married her off by force...
Answer: Who is he?
The student : Meaning, if the suitor between him and the wife’s family...?
Answer: The one in authority looks into it, and the matter is referred to the judge, and the judge looks into whether they are oppressing her due to hostility between them in disputes, and the like of that, while he is good in himself, and he wants her, and she wants him. What is his fault?
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.