The World Federation One Stop Fiqh
Search
Menu

Ask an Alim

Inter-sect Marriage Without Consent of Girl’s Guardian

Q:

If you are an adult (according to Allah) like 25-26, but a child according to society and your family, and you want to get married for Islamic reasons (keeping away from zinnah) and both the man and woman agrees, i know you should get the permission of the parents but they are ignorant on these matters as they have been strongly swayed by todays customs (may Allah guide us all) and believe one must get a degree and buy a house then by age 28 go get married, and before then suppress our sexual desires or even secretly relieve them.

It is genuinely just a “hassle and stress” to ask permission, so what i am suggesting is would it be ok if they got married for the sake of a halal relationship? Is the consent of a “wali” compulsory for the girl? The girl is shia and boy is hanafi sunni. Both intend to follow their religion after getting married (no one is converting and will respect each other’s religion)

A:

Alaykum Salaam

If the girl is dependent on her father for her maintenance then she cannot marry without his consent; even if she is older and independent as you indicate, it is preferable (not compulsory) to get consent of the male guardian, especially if she has not been married before.

If there is a danger that a person would commit a haram act by remain unmarried, it becomes compulsory to seek marriage straight away.

In a marriage between different sects, the issue of what madhab the children will follow needs to be discussed as well.

Kind regards

Abbas Jaffer