Question: What is the ruling on secret or ‘urfi marriages without a guardian (walī)?
Answer:
بِسْمِ اللَّهِ الرَّحْمَنِ الرَّحِيمِ، الْـحَمْدُ لِلَّهِ رَبِّ الْعَالَمِينَ، وَالصَّلَاةُ وَالسَّلَامُ عَلَى أَشْرَفِ الْأَنْبِيَاءِ وَالْمُرْسَلِينَ، نَبِيِّنَا مُحَمَّدٍ، وَعَلَى آلِهِ وَصَحْبِهِ أَجْمَعِينَ، وَمَنْ تَبِعَهُمْ بِإِحْسَانٍ إِلَى يَوْمِ الدِّينِ.
The validity of a marriage contract in Sharīʿah is based on certain conditions, among them the presence of a walī (guardian) and two witnesses. The Prophet ﷺ said:
“لَا نِكَاحَ إِلَّا بِوَلِيٍّ وَشَاهِدَيْ عَدْلٍ”
“There is no marriage except with a guardian and two trustworthy witnesses.” (Narrated by Abū Dāwūd and Aḥmad)
According to the Mālikī, Shāfiʿī, and Ḥanbalī madhāhib, the consent of the walī is a condition for the validity of the nikāḥ. If a woman marries without her walī, the marriage is considered invalid by these schools, even if there are witnesses.
The Ḥanafī madhhab allows an adult, sane woman to contract her own marriage without a walī, provided the groom is a suitable match (kafāʾah) and the marriage is not secretive. However, even in this view, a marriage that is completely hidden from society and conducted without public knowledge is discouraged and can lead to fitnah and abuse.
Fatawa councils emphasize that the presence of the walī protects the interests of the woman and ensures proper procedure, safeguarding against exploitation and societal harm.
Marriages that are conducted secretly without a walī and without public announcement, often termed ‘urfi marriages, carry serious consequences: family conflict, social damage, uncertainty of rights, and issues with inheritance and lineage.
Therefore, while the Ḥanafī madhhab may validate a marriage without a walī, it remains a discouraged practice. According to the majority of madhāhib, such a marriage is invalid. Marriages should be public, witnessed, and involve the walī to ensure Islamic validity and social responsibility.
وَاللَّهُ أَعْلَمُ.