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Nikaah in the absence of the wali

Fatwaa ID: 2311

Question:
The bride (girls) parents are separated and the girl lives with her Mom at her paternal grand fathers home.
The brides father is alive and he told his ex in laws to involve him whenever they decide the marital matter of the girl. He expressed his interest and concern to be present at the time of finalising the marriage proposal and during her Nikah as he is the Wali.
The problem arises when the girl’s father is not consulted and also not invited to be present as her Wali during her Nikah and the father get to know about it later from some other source.
The wali of the girl was her stepbrother and maternal uncle. The girl’s father has raised a concern that the Nikaah isn’t valid as he is the father, and the father can only be her wali and insist to redo the nikah.
The question I would like to ask you is if the nikah still valid?
Do we have to redo the nikah in presence of her dad in order to validate it?
I would highly appreciate if I could get a fatwa on this matter.
JazakAllah Khair

Answer:
In the Name of Allaah, the Most Gracious, the Most Merciful.
As-salaamu ‘alaykum wa-rahmatullaahi wa-barakaatuh.

We take note of the details of your query. We assume that the family follows the Hanafi legal school. According to the Hanafi legal school, the consent or the presence of the wali is not a legal requirement for the validity of the nikaah. The nikaah would be valid in his absence or if done without his knowledge or consent. There would be no need to redo the nikaah.

That being said, the bride’s mother’s family have wronged the father by not consulting him despite him expressing his interest and concern. That was his right. They should resolve the matter with him and seek his forgiveness. This matter should not be taken lightly. The bride too should mend her relationship with her father and be dutiful to him.

And Allaah Ta’aala knows best.
Mufti Muajul I. Chowdhury
Darul Iftaa New York
https://askthemufti.us/

10/20/1445 AH – 04/29/2024 CE | 1009

وصل اللهم وسلم وبارك على سيدنا محمد وعلى ءاله وصحبه أجمعين

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