Question: A girl got married without her guardian’s (wali) permission a year and a half ago. Now she has learned that a marriage without a wali is not valid. What is the ruling in this case?
Answer: Generally, girls know that marriage without a wali is not valid, but due to the negative influences of the environment and society, a girl might be deceived, fall in love, and elope, or secretly marry without her wali’s permission. It is important to note that a marriage without the consent of the wali is not valid, whether the girl knows this or not. The Prophet Muhammad (peace be upon him) said, “There is no marriage except with a wali” (Sahih Ibn Majah: 1537). Similarly, in Sahih Abu Dawood by Al-Albani (Hadith No. 2083), it is stated: “Any woman who marries without the permission of her guardians, her marriage is invalid,” and he repeated this three times.
Knowing that a marriage without a wali is not valid, the girl’s living with the boy for the past year and a half is considered sinful. The girl and boy should immediately separate, repent, and then they can remarry according to Islamic law.
Sheikh Maqbool Ahmed Salafi ❪Jeddah Dawah Center, Hayy Al-Salamah – Saudi Arabia❫
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