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Wednesday, July 23, 2008

Parents' Consent for a Marriage

Q: I would like to know what are the primary requirements of nikah? Is the parents’ consent compulsory?

A: In the Shaafi’ math-hab a girl cannot marry without the consent of her father, or the consent of her wali in the absence of her father. Such a marriage is null and void. In the Hanafi math-hab a nikah without the permission of the father is valid on three conditions: 1) The boy must be capable of supporting the girl he intends marrying. This means that he be capable of providing the mehr (dowry) which she is entitled to, and monthly maintenance. 2) The boy must possess Islamic morals or character that is similar to or better than that of the girl. 3) If the girl is a Muslim by birth, the boy too, must be a Muslim by birth. If these conditions are not met then even in the Hanafi math-hab such a nikah is not valid without the consent of the wali. Furthermore, even if these conditions are met, for moral, spiritual, and social success, the parents’ consent and approval are absolutely necessary. By marrying outside the fold of this approval our youth are destroying their morals and weakening their Islamic foundations.