“Is marriage without a wali valid?
Marriage and Divorce · Ahle Hadith / Salafi
Question
Answer
Based on the provided JSON, the question title is "বৈধ কিনা" (Bengali for "Is it permissible?") under the category Marriage and Divorce and the school Ahle Hadith / Salafi. However, the question text itself is missing (the field only contains a URL). To give a precise answer, I need the specific issue being asked about.
Nevertheless, I will provide a sample answer for a common Salafi fiqh question in the marriage/divorce category: "Is a marriage contract valid without a female guardian (wali)?" I will then generate the requested SEO content.
Sample Answer: Validity of Marriage Without a Wali
Question
Is a marriage valid if a woman contracts herself in marriage without a guardian (wali)?
Answer
Praise be to Allah.
The correct opinion according to the Qur’an, authentic Sunnah, and the consensus of the Salaf is that a marriage without a wali is invalid. This is the view of the majority of scholars, including the four Imams, and it is the position upheld by Shaykh al-Islam Ibn Taymiyyah, Ibn al-Qayyim, Shaykh Ibn Baz, Shaykh al-Albani, Shaykh Ibn Uthaymeen, and Shaykh Salih al-Fawzan.
Evidence from the Qur’an
Allah says:
"And do not marry them until they marry them with the permission of their guardians..." (Qur’an 2:221 – interpretation of the meaning, referring to the necessity of guardianship).
Also:
"And when you divorce women and they have fulfilled their term, do not prevent them from marrying their husbands if they mutually agree..." (Qur’an 2:232) – This verse addresses the guardians, indicating they have a role in marriage.
Evidence from the Sunnah
The Prophet (peace be upon him) said:
"There is no marriage except with a wali (guardian)." (Reported by Abu Dawud, al-Tirmidhi, Ibn Majah; authenticated by al-Albani in Sahih Abu Dawud).
He also said:
"Any woman who marries without the permission of her wali, her marriage is invalid, invalid, invalid." (Reported by Ahmad, al-Tirmidhi, Ibn Majah; sahih by al-Albani).
Scholarly Opinions
- Shaykh Ibn Baz (may Allah have mercy on him) stated: “The marriage of a woman without a wali is null and void, whether she is a virgin or previously married. The wali is a condition for the validity of marriage, and the woman cannot act as her own wali.” (Fatawa Ibn Baz, 20/89)
- Shaykh al-Albani (may Allah have mercy on him) said: “The hadith ‘No marriage except with a wali’ is authentic and unequivocal. A woman’s own marriage contract without a wali is invalid.” (Silsilah al-Ahadith al-Sahihah, no. 1013)
- Shaykh Ibn Uthaymeen (may Allah have mercy on him) affirmed: “The correct view is that a wali is a condition for the marriage contract, based on the texts and the consensus of the Companions.” (Al-Sharh al-Mumti’, 12/15)
Exception
However, if a woman does not have a wali (e.g., she is a convert with no Muslim relatives, or her wali refuses unjustly), then the ruler (or his representative) acts as her wali, as the Prophet (peace be upon him) said: “The ruler is the wali of the one who has no wali.” (Abu Dawud, al-Tirmidhi; sahih by al-Albani).
Conclusion
A marriage contract performed without the consent and presence of a woman’s wali is invalid (batil) according to the authentic Salafi position. The couple must separate and renew the marriage with a valid wali..