Is a Divorce Valid If the Marriage Lacked Guardian Consent?
Hanafi Fiqh
Answered by Mawlana Ilyas Patel
Question
If a woman marries without her guardian’s consent, thinking the marriage was valid, and after divorce discovers it wasn’t permissible, was the divorce valid, or was there no marriage to begin with?
Answer
In the Name of Allah, the Most Merciful and Compassionate.
In the Hanafi school, a marriage without the approval of a guardian (wali) is only valid if the person she is marrying is legally considered a suitable match (kafa’a). Was this the case?
According to the famous relied upon the position in the Hanafi school, the marriage of a woman without the approval of her guardian (wali) is only valid if the person she is marrying is legally considered to be a suitable match (kafa’a). This is the position adopted by the overwhelming majority of the Hanafi fuqaha,
[Ibn Abidin, Radd al-Muhtar; Maydani, al-Lubab fi Sharh al-Kitab]
Issue of Compatibility (Kafa’a)
Therefore, one must avoid marriage without parental approval, for the marriage may not be valid due to the compatibility (kafa’a) not being there. Even when a woman’s marriage without the explicit approval of her wali is valid, it is: (a) going against the Sunna and (b) may well entail being bad to one’s parents, which is among the most serious of enormities.
I would like you to go through the valuable answers and links below. In sha Allah, you will receive guidance and direction.
Related:
What Are the Conditions for Doing a Marriage Contract without a Consenting Guardian (Wali) or Witnesses?
Can We Get Married Without Involving Our Parents?
Is Marriage Without the Guardians Permission?
Issue of Marital Compatibility
Was My Nikah Valid If the Guardian (Wali) for My Wife Was Her Mother?
Do I Have to Marry Someone Within My Caste to Please My Family?
Why Marriage Contracts and Agreements Matter?
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[Mawlana] Ilyas Patel
Checked and Approved by Shaykh Abdul-Rahim Reasat
Mawlana Ilyas Patel has received traditional education in various countries. He started his schooling in the UK and completed his hifz of the Quran in India. After that, he joined an Islamic seminary in the UK, where he studied secular and Aalimiyya sciences. Later, he traveled to Karachi, Pakistan, and other Middle Eastern countries to further his education. Mawlana has served as an Imam in the Republic of Ireland for several years and taught the Quran and other Islamic sciences to both children and adults. He also worked as a teacher and librarian at a local Islamic seminary in the UK for 12 years. Presently, he lives in the UK with his wife and is interested in books and gardening.
