My wife's father (wali) did not consent to our marriage since I am not from the same family and village; is our marriage valid?

Question

In April 2013. I married in Pakistan (ISB) a girl of the same nationality and religion (age 27, Doctor) after a struggle of 8 years. After which we were both living in KSA, and more than 300 people were invited in the reception. And countless people are aware about it in KSA and Pakistan through different social networks and friends.

Her father was against this marriage because I am not from the same family & village, and he was forcing her to marry someone else; so we had to marry without informing her father (wali).

On 24th March 2014 while coming back from the honeymoon we stayed in Dubai for a day or two. I dropped her at her friend’s place since, during this visit her family arrived at her friend's place, without my knowledge, they took her back with them.

Now they are saying that our Nikah is Haraam because it was against the parents concern and they won't let her stay with me because they consider this marriage Haram. I tried my level best but they are now only asking for a divorce. I seek your guidance to solve this problem under the light of Shariah Law.

PS: That her eldest brother was the one who suggested us to go for this marriage, on different occasions and now even he is against us and supporting his father. We both families are the followers of Imam Abu Hanifa school of thought.

I love my wife and I would do anything to fix this marriage.

Answer 1

Firstly why are they asking for divorce when they say marriage was "haram" or void? Secondly permission of both the daughter and her father (wali) maybe required for marriage and since you are now both married and both accept each other happily then it is a sin and fitna on part of the guardian to try to subvert this institution of marriage.

Also In Islam it is haram for a father to force a women to marry someone else, so if he does she may not chose to marry at all which is worse then marrying whom she loves. The hanafi opinion does allow women to get married without father's consent and seems to be more suitable in your case as marriages are always meant to be saved at all costs.

You can seek legal options to secure your wife who may would fall under the category of unlawful confinement \Kidnap, provided she too agrees.

Answer 2

Assalamu Alaikum, In addition to whats been stated above: A woman that her father that repeatedly refuses the suitor she presents, can seek a waliyy that is of her father's descent as explained in this link: http://islamqa.info/en/95405

Answer 3

According to the Shafii, Hanbali, and Maliki madhabs, the wali's permission is necessary. This is not the case in the Hanafi school.

According to the Hanafi madhab, once a girl reaches the age of puberty she has the right to get married without obtaining permission from her wali. However, if there is no "match" (الكفاءة) in the marriage, then the wali has the right to divorce her from her husband.

Source: http://www.sorularlaislamiyet.com/article/16385/bir-kizin-anne-ve-babanin-rizasi-olmadan-bir-erkekle-nikah-kiymasi-dogru-mudur-bu-nikahin-gecerliligi-var-midir.html

(Note: This website belongs to Hanafis)

Answer 4

If you got married in front of at least two witnesses then the marriage is valid. You can use legal approach like court order for taking your wife with yourself. She is an adult and as-per law she cannot be forced to stay away from her husband by her father.