Home
Discover Islam
Quran Recitations
Lectures
Fatwa
Articles
Fiqh
E-Books
Women
Boys & Girls 
Enter Question
View By Subject
Fatwa Of The Week
Selected Fatwa
Fatwa CenterShe is worried because she got married without a Wali
Question
salam wa3alaykoem wa rahmatoellahi wa barakatoeh, i'm married now 6 years,my mother didn't wanted to marry me with this man so mi parents left me with the mans family 1 year without papers, after that mi father came to me and gave me my papers so i can have mi identicard and marry this man. we made a marriage with the family of the man withouwt mi parents and in the house of my husband and alsow they are my fathers family. now mi mother is telling me that i'm living in haram because i married him without mi parents so i feel bad and i don't know what to do? BarakAllahoefik wa salamoe 3alaykoem wa rahmatoellahi wa barakatoeh
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 
is His slave and messenger.
A valid marriage has certain conditions which must be met and which we have already clarified in Fatwa 83629. The consent and presence of the guardian is one of these conditions. Therefore, if this marriage was conducted without the consent of your guardian, and without him authorizing someone to act on his behalf in this regard, then it is a void marriage. So, you have to nullify it and renew the marriage contract fulfilling the conditions of a valid marriage in case you wish to continue this marriage bond. For more benefit, kindly refer to Fatwa 24970.
If your husband has consummated the marriage with you, then it is a doubtful marriage (a marriage that was thought to be valid but in fact it lacks some of the requirements of validity); so it shares the same legal consequences as a valid marriage as we have already clarified in Fataawa 86301 and 92478. One of those consequences is that in the event of birth, the child is to bear the name of and is the legal heir of the father and there is no Hadd (corporal punishment imposed by the Islamic Law) to be implemented, in contrast to a case of Zina (fornication or adultery). For more benefit, please refer to Fatwa 84811.
Finally, we should point out that a Muslim should know about the religious laws that are relevant to what one seeks to do, be it an act or statement, before carrying out such an act. Indeed, Allaah orders those who do not know to ask the people of knowledge (the scholars). Allaah says (what means): {And We sent not before you except men to whom We revealed [Our message]. So ask the people of the message if you do not know.}[Quran 16:43]
Search Fatwa
Fatwa Subject
