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:

Asalamualaikum,

I ahve a question that I hope you'll be able to answer for me.

A few yeras back about four yeard ago, I got married to a muslim guy we were both 18 at the time, I ran away from home and got married without the permission of my parents, because alhtough we had made it cleard we wanted to get married they refused. So I did a nikah and had witnesses who were all muslims and adults expet for my cousin brother who was the only blood related person around and aged 16. BUt a few days later I was taken to court and told thta I had to go back home to my parents because accorfing to the islamic law the marriade is not valid because I dindnt get the permission from my parents. So my husband and I separated but we never divorced. and then I moved to London and just recently got married to someone else. I would like to know, was my marriage valid or not, and the fatch that we did not get a divorce does thta mena I am still married to him?

Please help.

Maasalam.

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Answer:

Married without Wali

In the name of Allah, We praise Him, seek His help and ask for His forgiveness. Whoever Allah guides none can misguide, and whoever He allows to fall astray, none can guide them aright. We bear witness that there is no one (no idol, no person, no grave, no prophet, no imam, no dai, nobody!) worthy of worship but Allah Alone, and we bear witness that Muhammad (saws) is His slave-servant and the seal of His Messengers.

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 Hanifah 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, Maliki, 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.

Your Statement: BUt a few days later I was taken to court and told thta I had to go back home to my parents because accorfing to the islamic law the marriade is not valid because I dindnt get the permission from my parents.

In any case, because the Shariah Court Judge ruled in your case that your marriage to the person without the consent of your ‘wali’ was invalid according to Islamic Law, your marriage will be deemed officially null and void in the Sight of Islamic Law and of Allah Subhanah, and thus there would be absolutely no need for you to seek a ‘divorce’ from the person to separate from him.

Your Question: I would like to know, was my marriage valid or not, and the fatch that we did not get a divorce does thta mena I am still married to him?

In your specific case, since the Shariah Court Judge ruled the first marriage as null and void, your marriage will be deemed annulled in the Sight of Islamic Law and you will no longer be considered to be his wife.

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

Your brother and well wisher in Islam,

Burhan