Assalamualaikum! I Got engaged in jan 2023 and our parents decided that we’ll wait for 2 years before marriage but because of our studies our parents want us to be settled first so they are going to stretch it more. We don’t want that i’m 24 he’s 25 we both are mature and independent. My question is if my father is okay with the guy but he just wants to delay it, will the nikah be valid if we do it without the acknowledgment of my father or do i need a wali? I have a younger brother who is 20 and if i ask him he will support me. Can he be my wali? We tried persuading our parents but they won’t budge from their decision. Thank you.
1 Answer
Assalamu Alaykum I am not a sheikh, I would suggest find the most knowledgable sheikh or person who is qualified to answer this question.
But in the Hanafi Madhab I think it is allowable to marry without a wali, however I can't say if it is disliked or not.
Allah knows best and may Allah protect us from evil.
Assalamu Alaykum
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Jazakallah khair, yes i did some research and we think that its safer to convince our parents rather than going for other options. I do follow the hanafi school but in this case the evidences are stronger against the hanafi argument. Commented Aug 17 at 12:22
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Look. I don't want to get into arguments. But the Hanafi opinion has a good reason behind why it allows it. But just because something is allowed, does not mean you should always go for it. There is what is valid, and what is recommended. The prophet said marriage without a wali is a falsehood in the hadith, however we lack the context and don't know if this is for everyone. In the Quran, if you read Surah Baqarah, it translates to "when she Marries" with a verb indicating a woman Marries on her own and not performed by the wali. Regardless, I'd recommend keeping close ties with your family😊 Commented Aug 18 at 13:02
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So to expound on that. In the madhab, whenever we don't know whether a prophet saying is a ruling that applies to everyone and we don't know the context, the general preference is given to the Quran. Hence why the madhab says a woman does not need a wali. In my humble opinion, the methodology the madhab takes Isa very reasonable one and you don't need to doubt the evidence too much here. Other Madhabs have a different methodology and way of interpreting hadith without context, hence why their opinions are different. Regardless, follow the most knowledgable person you trust from among you.salam Commented Aug 18 at 13:06
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I see, Jazakallah for explaining it in clear terms. U are right i love my parents and it would hurt them if I perform this important decision of my life without them so yes I’ll just try to convince them otherwise. Jazakallah! Commented Aug 19 at 14:06