Revered Ulama-e-ikram, I am living in the USA as US citizen. I am a Hanafi from Ahlus Sunna Val Jamaat. I developed love with a Sunni Muslim Girl from South India through Internet. So I came to India and met her. as I did not want an unlawful or Haram sex. I am a very religious person so even in USA I would not get into any affair with any girl so how can I do that in India. I was a bit committed till 2011, so I was not in a position to marry her before that. Also her parents would not want her to marry her lover. So we both decided to get married without our parents’ knowledge on phone. I had two witnesses and a Moulana to recite the Nikah sermon inside a mosque, my wife was on speakerphone from her hometown. One of the witnesses sought her permission to be her wakeel as brother. She granted the permission gladly. Mahar was fixed and declared. My marriage took place on July, 2009. Marriage was performed. We both are majors in age according to Indian law. I am 31 and she is 23. Since then we used to meet as husband and wife. My widow mother, brothers and sisters have no objection at all at present. Her parents especially her didi or older sister do not recognize our marriage at all as valid or lawful. They say it is a Haram relationship. The girl’s mother said once we take the girl to Umrah her sins are washed away as muslim girls are allowed to do that according to one of her Moulana she said. The girl is in a dilemma now because she is not sure if our Nikah is lawful or valid since her parents claim so. I have slept with my wife countless number of times and I cannot just cheat her and walk away. I humbly request the grand mufti of your esteemed Madrasa to issue a Fatwa or decree regarding this with respect to my case and save her from Haram as her parents are about to marry her off to someone else. Please send me the Fatwa through E-mail , as soon as possible for they may take any wrong step to marry her off to someone else.

All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad is His slave and Messenger.

According to the most preponderant opinion of the scholars the consent of the guardian is a condition for the validity of the marriage contract; for more benefit on the conditions of the marriage contract, please refer to Fatwa 83629.

Therefore, if you had married that girl without the consent of her Muslim guardian, then the marriage is void. The fact that she appointed that man to marry her off is of no effect. Hence, you are obliged to separate from her and this marriage must be invalidated by a Muslim judge or whoever acts on his behalf, or that you divorce her. Moreover, she is not permitted to marry another man until she observes a waiting period from you, and when her waiting period expires, she is permitted to marry you or any other man. For more benefit on the ruling on a controversial marriage, please refer to Fatwa 92478.

Finally, the following matters should be mentioned:

1-    It is not permissible for a Muslim to have an affectionate relationship with a non-Mahram woman, since Allaah forbade this as we explained in Fatwa 81356.

2-    A Muslim should be keen on asking the scholars about the Sharee’ah ruling before doing any act. Allaah Says (what means): {…so ask the people of the message if you do not know.}[Quran 16:43]

Allaah Knows best.