Can I make an imam my wali?
Published as Getting married without a wali
Question
I am about to turn 19 and live in Canada. I am baligh since the age of 9 (which means I had my periods). I am currently in college and I like a guy. I want to do nikkah but my parents don't allow nikkah at such a young age specially till I don't complete my studies which has around 5 to 7 years.
I am scared of doing something haram (like zina) and I want to turn it halal as soon as possible. I have the witnesses, I am completely sure about this marriage since the guy belongs to a good family which is also religious and fulfils its Islamic duties. But I recently heard that nikkah without the consent of wali is invalid.
Now my question is, in what Hadith or verse of the Quran is it mentioned that the father should be wali? Can I make an imam my wali? Or can I conduct my nikkah without a wali while fulfilling other conditions such as witnesses, and haq mehar.
A detailed response over this matter for better insight would be appreciated.
Answer
All pre-marital relationships are impermissible in Islam. You should make taubah for getting into contact with this boy and for speaking to him. The university environment is not an environment for a Muslim girl to be in. Generally, in these types of anti-Islamic environments, abundant wrongs take place and a girl falls prey to the fitnah. She is forced to compromise in her deen and her self-respect. Islam teaches that the best place for a woman is to remain in her home where her deen and her chastity will remain safe and protected.
We advise that you speak to the elders of your family and get them to explain to your parents that you have the need to get married. If the boy has good deeni morals and is a suitable match to you, then your parents may get you married to him.
And Allah Ta'ala (الله تعالى) knows best.
- Answered by
- Mufti Zakaria Makada
- Checked & approved by
- Mufti Ebrahim Salejee (Isipingo Beach)
Where scholars differ, it’s safer to take the more cautious view.
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Source: Mufti Online — Madrasah Ta'leemuddeen — https://muftionline.co.za/node/34573
Fatawa SA: https://fatawa.co.za/fatwa/muftionline-34573
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