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Wali for Girl Marriage Age

Mu' meneen Brothers and Sisters,

As Salaam Aleikum wa Rahmatullahi wa Barakatuh.  (May Allah's Peace, Mercy and Blessings be upon all of you)

One of our brothers/sisters has asked this question:

I have been informed that after a Muslim woman reaches a certain age she no longer requires a wali to marry is this true?

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Wali for Girl Marriage Age

Dear and beloved sister in Islam, in a moral and righteous society that Islam strives to build, it is inconceivable and there is absolutely no concept that a believing woman, who sincerely fears Allah and the Last Day, would seek to marry someone herself without the prior consultation and consent of her parents/guardians (Wali).  


Your Question: I have been informed that after a Muslim woman reaches a certain age she no longer requires a Wali to marry is this true?

There is a difference of opinion amongst the Jurists in Islam regarding the validity of a marriage without the consent of the Wali or guardian of the bride.  Imam Abu Haneefah of the Hanafi School of thought holds the opinion that as long as the all the other pre-conditions of marriage are fulfilled, if for any reason one does marry without the consent of the Wali or guardian of the bride, such a marriage will be deemed valid and legal. The other three major schools of thought, Malik, Shafei, and Hanbali are of the opinion that the consent of the Wali is an obligatory condition of marriage, and a marriage without the consent of the Wali would be deemed null and void.

Sunan of Abu-Dawood Hadith 2078 Narrated by Aisha, Ummul Mu'minin

The Messenger of Allah (saws) said: The marriage of a woman who marries without the consent of her guardians (Wali) is void. (He (saws) said these words) three times.

Al-Tirmidhi Hadith 3137        Narrated by Abu Hurayrah

Allah's Messenger (saws) said, "A woman may not give another woman in marriage, nor may she give herself in marriage; for the immoral woman is the one who gives herself in marriage."

Under normal circumstances, especially when the parents of the girl are alive and are believers, it would not BEHOVE and befit a believing woman who sincerely fears Allah and the Last Day, to marry someone without the prior consent of her parents/guardians. 

Whatever written of Truth and benefit is only due to Allahs Assistance and Guidance, and whatever of error is of me. Allah Alone Knows Best and He is the Only Source of Strength.

Your Brother in Islam,

Burhan


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