Darul Ifta Ibn Masood

Nikaah of Female Without A Wali Present

· 6 Muharram 1446 AH1 min readEnglish

Question

Can the Nikah of a woman, who resides in South Africa, be performed here in South Africa if she doesn’t have any guardians or representatives with her? Her family live abroad. If yes, please explain the procedure it entails?

Answer

It seems from the nature of your query that the guardian of the female has no objection in her getting married. However, he is probably unable to attend the Nikah ceremony due to him residing abroad. If this is the case, then she should seek the permission of her guardian telephonically, or through social media, and then get married so that her Nikah is not void of Barakah. Please also take note of the following Mas’ala wherein a mature female may marry without the consent of her guardians in the Hanafi Madhab, but the marriage will be void of blessings, hence we advise that she should inform her guardian and seek his blessings.

ALLAH TA’ALA IN HIS INFINITE KNOWLEDGE KNOWS BEST!

References (Arabic / Urdu sources)

نفذ نكاح حرة مكلفة بلا ولي وهذا عند أبي حنيفة وأبي يوسف في ظاهر الرواية … قوله: نفذ نكاح حرة مكلفة بلا ولي إلا أنه خلاف المستحب اهـ فتح ( تبيين الحقائق 2/117)

Re: Fataawa Daarul Uloom Zakariyya Vol. 3 Pg. 618

Answered by
Maulana Abdul Kader Fazlani
Checked & approved by
Mufti Mohammed Desai
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Fatawa SA: https://fatawa.co.za/fatwa/ibnmasood-33572

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