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:

salam,
my question to you is that sir i wanted to know that in shariah its said that brides father is to give his permission on marriage of his daughter.i wanted to know that permission is in what sense.is it in writing or he has to be present there or even his oral permission will be fine?and what if a girls one or both parents are not in touch or dead? 

(There may be some grammatical and spelling errors in the above statement. The forum does not change anything from questions, comments and statements received from our readers for circulation in confidentiality.)

Answer:

Consent of wali guardian in marriage

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 none worthy of worship but Allah Alone, and we bear witness that Muhammad (saws) is His slave-servant and the seal of His Messengers.

Dear and beloved brother 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).

Allah Says in the Holy Quran Chapter 2 Surah Baqarah verse 221:

221 Do not marry unbelieving women (idolaters) until they believe; a slave woman who believes is better than an unbelieving woman even though she allure you. Nor marry (your girls) to unbelievers until they believe: a man slave who believes is better than un unbeliever even though he allure you. Unbelievers do (but) beckon you to the fire. But Allah beckons by His grace to the Garden (of Bliss) and forgiveness and makes His Signs clear to mankind: that they may celebrate His praise.

Although there is no specific mention of the ‘wali’ for marriage in the Glorious Quran, their presence and consent is virtually implied.

For example in the above quoted verse of Surah Baqarah, when Allah prohibits the believing men from marrying idolatrous women, His Command to the men is: ‘Do not marry idolatrous women until they believe.’ But when the Lord Most High prohibits the believing women from marrying idolatrous men, His Command is directed and addressed towards the parents/guardians (wali) of the girl: ‘Nor marry (your girls) to disbelievers until they believe.’

Thus, in light of the absolutely clear guidance of the Holy Quran, the consent of the parents/guardians (wali) of the bride is clearly implied; and there are several specific commands and guidance in the established and authentic Sunnah of the Messenger of Allah (saws), whereby the consent of the ‘wali’ is specifically mentioned.

The absolute majority of the scholars in Islam are of the opinion that under normal circumstances the consent of the wali to her marriage is an obligatory condition of an Islamic marriage; but under some specific circumstances (like when the girl has accepted Islam but her parents or guardians are disbelievers, or the parents of the bride are deceased, etc.), the bride may appoint one amongst her relatives or one amongst the believers as her ‘wali’, or the ‘Judge’ of the Shariah Court may act as her ‘wali’, and give her hand in marriage to the suitor.

Sunan of Abu-Dawood Hadith 2078 Narrated byAisha, 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 (it is only) the immoral woman 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.

Your Question: ….i wanted to know that permission is in what sense.is it in writing or he has to be present there or even his oral permission will be fine?

If the bride has the consent of her parents or guardians to the marriage, absolutely regardless of whether it be verbal, or in text, or in writing, or through the phone, or in self, etc. it would suffice to fulfill the legal requirement of having the consent of the ‘wali’ in a ‘nikaah’ in the Sight of Shariah Law.

Your Question: ….and what if a girls one or both parents are not in touch or dead? 

If the parents of the bride are disbelievers, or deceased, or genuinely lost, or unknown, etc., the bride-to-be may appoint one amongst her believing male relatives or one amongst the believers to act as her ‘wali’ and give her hand in marriage; and even if such a guardian relative in unavailable, the ‘Judge’ of the Shariah Court may act as the ‘wali’ or guardian of the bride-to-be, and give her hand in marriage.

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