Marriage concluded without Wali
2-9-2014 | IslamWeb
Question:
Salaam If a Girl and a boy do nikkah with each other without the presence of wali and keep it secret. The wali doesn't want to marry her daughter wth the boy because he belongs to a Raja Family & boy belongs to a Kashmiri Khan Family. Secondly Boy's family doesn't match girl's family according to financial status, and thirdly boy is less educated then girl. Now what be the status of secret nikkah in that case.Secondly If a boy gives three talaqs to a girl at one time after such nikkah and after that he swears on God and Quran three times and says that he thought one talaq will occur if he will do it three times. he wasn't aware of the problem. What would be the status of that Nikkah. If the Nikkah occurs what will be the fatwa regarding the talaq. If the Nikkah doesn't occur, and In the future if both parties agree to do a marriage what should be done It is important to know that after the nikkah they have done, there was a lot of confusion among them if the Nikkah is valid or not. They met in privacy but they didn't have intercourse however the girl is not virgin anymore. The wali doesn't know anything. It is a complicated issue but I am sure Allah SWT will guide us in the right path
Answer:
All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad, sallallaahu ‘alayhi wa sallam, is His slave and messenger.
A marriage contract not concluded by the bride’s Wali (legal guardian) is invalid according to the majority of Muslim scholars as clarified in Fatwa 195979. However, the divorce takes effect in this case because of the scholarly difference of opinion on the validity of such a marriage. Divorce in this case is irrevocable and the husband does not have the right to revoke the divorce and take his wife back in marriage (except with a new marriage contract fulfilling all the conditions of a valid marriage).
Based on that, the wife in question is irrevocably divorced. If the husband has divorced her three times in one session, some scholars believed that only one divorce takes effect; thus the wife has become irrevocably divorced (with the first divorce) and the other two divorces do not take effect.
According to this scholarly opinion, this man is entitled to remarry this woman with a new marriage contract concluded by her Wali in the presence of two witnesses. If the bride’s Wali refuses to marry her off to that man without a legitimate reason, they may refer the case to an Islamic court whose judge can marry her off or order her Wali to do so.
Allaah Knows best.