Is it permissible to marry civilly without the parents' knowledge due to their rejection of tribal differences, and is this marriage considered legitimate [in Islamic law]?
The majority of scholars stipulate the guardian (wali) as a condition for the validity of marriage, thereby differing from Abu Hanifa. Therefore, it is not permissible to proceed with a marriage without the woman's guardian according to the majority. If it occurs, it is invalid. However, if a judge rules it valid after the fact, it proceeds and is not annulled. We advise convincing the woman's guardian. If he insists on refusal and the wife is suitable (kufu'), she may refer the matter to the judge to marry her off or order her guardian to do so. A suitor should not be rejected merely due to a difference in tribe if he meets the criteria of religiosity and good character.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
Read the full answer on Ftawyhttps://ftawy.com/en/questions/95441
Where this answer came from
- Source platform
- Ftawy
- Original fatwa ID
- 95441
- Added here
- . This is when the answer was added to El Fatwa, not the fatwa's date.
- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
- Read the full answer on Ftawy