My father was absent due to which my nephew acted as my Wali
The Issues of Nikah
During my nikah my father was not present but my nephew (above 18) acted as my wali. My sister arranged my nikah but she didn't inform my parents of the date and time of my nikah. Since I didn't know that only my father can be my wali I didn't say anything.
I was overseas at the time of my nikah and when I was leaving my home country, my dad made bad comments about my wish to marry in a country where my sister lives. My dad was angry with me because of my past sinful actions which involved a guy who turned out to be a bad person.
After my dad was notified of my nikah he was ok with it; he didn't object to it- in fact he is happy with my husband. I wanted to know if this sort of nikah is invalid since my dad officially didn't pass on his responsibilities as a wali to someone else- in this case my nephew who is my mahram?
-s.a.
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Assalamualaikum,
Sister, although it is important that father be acting as the Wali, any other Mahram can also do. Your father could also ask anyone to act on his behalf.
It was your father's right, which he probably would have agreed to let go due to his absence. In sha Allah, your Nikah was valid in my knowledge, and Allah Knows Best.
Abu Abdul Bari
IslamicAnswers.com Editor
ASSALAMALAIKUM-
THIS INVALIDATES YOUR NIKAH My sister arranged my nikah but she didn't inform my parents of the date and time of my nikah-BECAUSE HE[FATHER] MUST BE INFORMED TO SEEK PERMISSION WITHOUT WHICH HE IS NOT VALUED-
AS A FATHER AND GIVEN HIS DUE RESPECT AND STATUS-[SISTER HAS TO TAKE PERMISSION TO ORGANISE MARRIAGE] FOR YOU AND YOUR FATHER HAD TO APPOINT SOMONE AS A WALI-
My sister arranged my nikah but she didn't inform my parents of the date and time of my nikah.THIS IS THE PONT WHICH SHOWS YOU DID NIKAH WITHOUT YOUR WALIS KNOWDLEGE AND THAT IS INVALID-
ISLAMS STAND ON YOUR SUBJECT IS ALL OPPOSITE TO YOUR ACTS DONE IN YOUR NIKAH-
The Prophet SAAWS said:
"There is no marriage without the permission of a guardian." [Sunan of Abu Dawood 2080, Narrated Abu Musa]
"When a woman marries without the permission of her wali, then her marriage is not valid, not valid, not valid." [Related by Ahmad, Tirmidhi and others. Tirmidhi said, this is a hasan Hadith]
I AM 58 YEARS OLD DO YOU THINK MY CHILDREN MARRY AND DONT TELL ME I WILL TAKE IT LYING LOW DEFINITELY NOT IT HURTS SO MUCH FOR WHICH ISLAM HAS GIVEN THE RIGHT TO THE FATHER TO BE THE FOREFRONT SUPREME AUTHORITY FOR THIS IMPORTANT STEP IN CHILDRENS LIFE-
AS A DECISION MAKER AS A JUDGE FOR GROOM F OR BRIDE INESPECTING THE GENERATION SANCTITY BEFORE TO BRING THAT SOEMONE HOME -BECAUSE THE PERSON IS SUPPOSED TO BE MARRIED TO-MAKES THE HOUSE A HELL OR A HEAVEN-
SO THIS IS NOT GAME OF DOLLS FOR WHICH ALLAH HAS MADE THE FATHER A LEADER A WALI-
REGARDS
Salam,
Please consult a qualified Mufti/Imam who will be able to correctly advise you in this matter.
I have asked the local imam and he said if the girl is over 18 then the nikah is valid
Did he say that about the girl or the Wali? It makes no sense in the former case because the girl can marry even if she is under 18. Even the latter is not correct, but understandable. He is your Mahram who can accompany you on journeys as it is required.
I will not say your Nikah was invalid because it your Mahram was present as your Wali. Though I do not know if the presence of the father was mandatory.
Abu Abdul Bari
IslamicAnswers.com Editor
ASSALAMAILIKUM
OUR ASSUMPTIONS DONT MATTER WHAT MATTERS IS THE HADEES FARMAN-
THE DANGER OF INNOVATIONS IN THE DEEN-
THE TOM DICK & HARRY SCHOLARS WHO GIVE FATWAS AGAINST QURAN AND HADEES-
IF WE OVER LOOK WHAT HADEES SAYS TAKE & SCHOLARS VERSION IT IS EQUAL TO KUFFARDENIAL OF THE SHARIATH VERSION]
Hadith - Reported by an-Nasaa'ee (3/188).
"The most truthful speech is the Book of Allaah. The best way is the way of Muhammad. The worst of affairs are the novelties and every novelty is an innovation and every innovation is misguidance and every misguidance is in the Fire." [Saheeh according to Sheikh al-Albaanee in Saheeh Sunan in-Nasaa'ee (no. 1487)
A WARNING TO THOSE WHO ARE JUDGING MUSLIMS/AND THE ISLAMIC RULES BASED ON THE OPINION OF THEIR RESPECTIVE SHOLARS NOT QURAN AND SUNNAH.
By Shaykh Saalih Ibne Fawzaan:-
whoever conforms to the Book and the Sunnah, he is from Ahlus Sunnah, without paying attention to personalities except Muhammad (sal Allaahu alayhi wa sallam).
I HAVE GIVEN THIS ABOVE STATEMENT TO MAKE PEOPLE UNDERSTAND WHEN THE QURAN OR HADEES IS CLEAR ON SOME MATTER LIKE THE ABOVE GILRS NIKKAH NOT EVEN INFORMING THER FATHER AND TAKING HIS CONSENT THE LOCAL IMAMS GIVE FATWAS ABOUT 18 YEARS THIS AND THAT WHICHVERY VERY WRONG WHEN THE HADEES I GAVE IN THE 1ST ANSWER CLEARLY SHOW AND THE WHOLE WORLD KNOWS WITHOUT CONSENT OF A WALI NIKH IS IN VALAID I REPEAT-
"When a woman marries without the permission of her wali, then her marriage is not valid, not valid, not valid." [Related by Ahmad, Tirmidhi and others. Tirmidhi said, this is a hasan Hadith]
AFTE KNWOING THIS WHO IS THE SCHOLAR WHO WE ARE GOING TO AND AKSING HIM TO TELL LIES AGAINST SHAIRAH/QURAN/HADEES-HIS IMAAM IS ALSREADY SPOILT TELLING THIS FOR DONATIONS AND HE WILLSPOIL OUR IMAN ALSO-
I AM FRANK WHEN THE MATTER COMES UP WHEN SOME SHCOLARS VERSION IS DEVIATING/ MISGUIDING INNOCENT PEOPLE IN THIS FORUM-
REGARDS
Brother Ali,
The confusion is not the presence of Wali but the validity of the Nikah if her nephew acted as her Wali. She was in a different country and her sister was taking care of her. So, her nephew acted as her Wali for Nikah.
The sister could not arrange her marriage, so her son did as ibn Qudamah said:
Marriage is not valid without a wali, and a woman cannot do the marriage contract for herself or for anyone else, or appoint anyone other than her wali to do her marriage. If she does that, the marriage is not valid. (al Mughni)
It also mentions in al Mughni:
The woman’s guardian is her father; then her paternal grandfathers, no matter how far the line of ascent reaches; then her son and his sons, no matter how far the line of descent reaches (this applies if she has a son); then her (full) brother through her father and mother; then her (half) brother through her father only; then their sons, no matter how far the line of descent reaches; then her paternal uncles; then their children, no matter how far the line of descent reaches; then the father’s paternal uncles; then the ruler. (al-Mughni 9/355).
So my confusion is whether the sister's son can act as her Wali because the permissibility exists for the brother's son.
When we do not know, we must ask those who know, right?
Abu Abdul Bari
IslamicAnswers.com Editor
ASSALAMALAIKUM
THIS So, her nephew acted as her Wali for Nikah.IS MUST BE AUTHORISED/APPONITED BY THE FATHER
AND WE CANNOT DO ON OUR OWN WITHOUT THE FATHERS CONSENT-
IF THIS HAPPENS WITH OUT THE CONCENT WHERE IS ISLAM SHARIATH AND THE RULES OF NIKAH REGRDING A WALI -WHEN THE WALI HIMSLEF IS NOT INFORMED AND NOR TAKEN PERMISSION NOR ASKED HIM IN HIS OWN RIGHT TO APPOINT A WALI IN HIS PLACE DUE TO DISTANCE OF THE COUNTRIES IF NEEDED-THEN IT IS NOT NIKAH AT ALL-
HERE LACK OF DEEN KNOWLDGE LEADS TO MISUSE-SEE -Since I didn't know that only my father can be my wali I didn't say anything.SHE AND HER SISTER APPOINTED WALI BY THEMSLEVES AND DID THE MARRIAGE-
AND THIS SHOWS-my dad made bad comments about my wish to marry in a country where my sister lives-
THE NIKAH HAS TAKEN PLACE WITH HER OWN DECISION BY NOT EVEN LETTING THE FATHER KNOWING HINTING ABOUT THIS MAJOR STEP IN LIFE- ABOUT IT AND NOW WHEN SHE CAME TO HEAR FROM SOMONE THAT WITHOUT WALI AND HIS CONSENT THE NIKAH IS NOT VALID SHE IS CLARIFYING IT IN THIS FORUM-SO ANSWER AS PER SHARIAH RULES NOT THE SELF APPOINTED DONATION SEEKING SCHOLARS FATWAS[OPINIONS]
STRAIGHT 7 CLEAR CUT PICTURE IS SHE MARRIED DEFYING HER FATHERS WISHES-my dad made bad comments about my wish to marry in a country where my sister lives
AND SHE MARRIED WHICH IS NOT VALID -UNACCEPTABLE IN ISLAM-
PLS READ HER STAEMENTS IT IS A DEFIES MARRIAGE AND LATER GOT INFORMTION THAT THE WITHOUT WALI IT IS NOT VALID-
A.A BARI BHAI PERMISSIBILITY [DOES NOT EXIST WITH THE FATHER BEING ALIVE]- WITHOUT HIS CONSENT PLEASE NOTE IF THE FATHER IS ALIVE ..
So 'my' confusion is whether the sister's son can act as her Wali because the permissibility exists for the brother's son.
WITH THE CONSENT PLEASE NOTE AND KEEP IN MIND NOT WHEN A GIRL IS DEFYING HER FATHER THE ORIGINAL WALI BY MARRYING IN A SISTERS COUNTRY FOR WHICH AN ARGUEMENT HAD TAKEN PLACE READ THE ABOVE POINT-FATHER WAS ANGRY.......
REGARDS