Married without consent of wali, is my marriage valid?
I was married in May 2011 with my husband. We did our nikah in a masjid with 2 male witness and the imam. We did not get the consent of my father or wali. However, it was acceptable, since my parents were in a different country, and I was studying overseas. The problem is, my husband was not being truthful to me. He told me he is 28 (I am 24 at that time) and he told me that he was single.
After a few months married, I found out that he has a wife back home. And later, I also found out that he is 38 not 28 years old. The problem is, if I knew he is 38 and married, I would never have done the nikah. If it is according to the justice law, the marriage is void because the other party is not being truthful. However, I am not sure about our marriage in the eyes of Allah. I do not want to commit adultery. Please advice. Thank you.
-farahrahman
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Asalaamualaykum,
That your father was overseas was not sufficient reason for you to marry without a wali. The whole reason for having a Wali to overlook your marriage proposal is to make the necessary enquiries, so to try and avoid the situation you are now in.
With regards to the validity of your marriage - some scholars say that a nikah without a wali is invalid - period. Some scholars say it is highly immoral but is still valid, but can be made void upon the father's/wali's request if he is not happy with the groom for a 'valid reason'. In any case we are not scholars here and cannot determine the validity of your nikah. It is necessary for you to consult your case with a qualified Imam and present the whole situation. Insha'Allah you will do this as soon as possible for your own benefit.
SisterZ
IslamicAnswers.com Editor
It's a scary thought that any imam would conduct a nikkah without asking after the wali when he sees one is not present. Astaghfirullah.
-Amy
IslamicAnswers.com Editor
Walaikum salaam,
Subhan'allah! Yet another case in which we see the consequences of a wali for the young woman not being present. I think this post may have been the fourth one in just the past month where this issue has shown why Islam encourages wali/guardian, informing the parents, proper proposals and proper intentions of both parties.
Though the woman may be hoping for an annulled marriage, per the fiqh of the majority of scholars, she will have to still observe an iddah period and seek the Islamic avenues of divorce.
Amy,
I've seen a case where a girl has been emotionally forced to marry by the groom, there was no wali present, but the Imam still proceeded. They are answerable to Allah.
SisterZ
IslamicAnswers.com Editor