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Is Marriage Without Wali Valid?

02 September, 2021
Q As-salamu `alaykum. I would like to know if it is possible for Muslims to marry without wali swearing by Allah, and placing their hands on the Quran, declaring their love for each other, forsaking all others.

Answer

Wa `alaykum as-Salamu wa Rahmatullahi wa Barakatuh.

In the Name of Allah, Most Gracious, Most Merciful.

All praise and thanks are due to Allah, and peace and blessings be upon His Messenger.


In this fatwa:

1- As for the the wali [guardian], it is required by all scholars, excluding the Hanafis.

2- If the woman is young and she did not get married before, the consent of her guardians is very important.

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3- The minimum that a Muslim could do is to bring someone (an imam, a Muslim leader in the community) to contract the marriage and get two witnesses.


In his response to your question, Sheikh Muhammad Al-Mukhtar Ash-Shinqiti, Professor of Political Ethics and Religions History at Qatar University, states:

Marriage in Islam has certain conditions that have to be fulfilled in order for it to be valid.

Prospective spouses should be keen to meet the conditions of valid marriage to guarantee the rights of each other and ensure the rightness of their marriage and its coincidence with the rulings of Shariah.

Among the most important conditions of marriage contracts are the testimony borne by witnesses and the publicity of marriage.

These conditions secure the future of the couple, and let the people know who the father of the to-come children is.

As for the way to contract the marriage, it is not necessary to have a Sheikh or an imam.

Marriage Without Wali

As for the wali [guardian], it is required by all scholars, excluding the Hanafis. If the woman is young and she did not get married before, the consent of her guardians is very important.

Therefore, the minimum you could do is to bring someone to contract the marriage and get two witnesses.

You can specify the amount of mahr [dowry] at the contract or after that.

As for the wali, if the woman is mature, the Hanafi School can be followed in this case.

However, if she is young, then the consent of her parents or guardians is very important.

Allah Almighty knows best.

Editor’s note: This fatwa is from Ask the Scholar’s archive and was originally published at an earlier date.