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FatwaFederal TerritoriesMarriage & Family

AL-KAFI #879 : NIKAH TANPA BERWALIKAN BAPA

Is a marriage valid without the father as guardian if he can still be located and lives close to the place of the marriage contract?

Short answer

A guardian (wali) is a pillar of marriage, and a marriage without a qualified guardian is defective or void.

Federal TerritoriesOpinion (irsyad)

A reference, not a fatwa. First sentence of the summary below — read the original fatwa and consult your state authority before acting.

Authority
Federal Territories Mufti Office
Date
Status
Opinion (irsyad)
Series
Al-Kafi li al-Fatawi
Topic
Marriage & Family

No evidence of gazettement in the source — this is not a gazetted fatwa.

Summary

A guardian (wali) is a pillar of marriage, and a marriage without a qualified guardian is defective or void. As long as the father, as the nearest guardian, remains qualified, a marriage using a more distant guardian or the state-appointed guardian (wali hakim) is invalid. If he is less than two marhalah away, the sultan or judge may not conduct the marriage except with his consent. A wali hakim may act if the nearest guardian is two marhalah or more away, refuses without a reason accepted by Islamic law, or there is no guardian by lineage, and guardianship passes to a more distant guardian if the father loses his eligibility. Marriages through guardians not authorised by the authorities, such as syndicate marriages, are very likely invalid.

Written in our own words from the original fatwa — check the source before acting on it.

Apabila seseorang perempuan mengahwinkan dirinya sendiri tanpa wali, perkahwinan adalah batal dan kedua-duanya wajib dipisahkan.

Excerpt from the original fatwa · Federal Territories

Read the full fatwa on the Federal Territories website (new tab)

How to cite

Cite the original fatwa and its authority. Rujuk Fatwa is only where you found it.

Federal Territories Mufti Office. “AL-KAFI #879 : NIKAH TANPA BERWALIKAN BAPA”, 7 November 2018. https://muftiwp.gov.my/ms/artikel/al-kafi-li-al-fatawi/2733-al-kafi-879-nikah-tanpa-berwalikan-bapa. Found via Rujuk Fatwa: https://rujukfatwa.com/en/fatwa/marriage-without-fathers-guardianship-ruling/

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Evidence cited

Hadith

  • Abu Daud 2083
  • Tirmizi 1101

Books

  • al-Fiqh al-Manhaji

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