My question is can a Muslim woman marry without her father's permission and presence, if she fears that she will do fornication? We live in a non-Muslim country and here many Muslim girls are studying. The marriage was performed with the help of Islamic center here; the father of the girl was not informed.. He would have refused to accept this marriage. But the girl feared that she would fornicate if she did not get married. Please tell me is this marriage Valid? Later the parents of the girl were informed and they agreed upon it. From the marriage also resulted a pregnancy and is that child “Halal”.

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

The presence or consent of the Wali (guardian) is a condition for the validity of the marriage. This is the opinion of Maalik, Ash-Shaafi'i, Ahmad, and the majority of the Muslim scholars. It is also the preponderant opinion as the Prophet said: “Any woman who gets married without the consent of her guardian, her marriage is invalid, her marriage is invalid, her marriage is invalid.” [Abu Daawood, At-Tirmithi, and Ibn Maajah]

However, this is not the opinion of Imam Abu Haneefah. But we believe that the consent of the guardian is a condition to the validity of the marriage because the marriage contract is a very sensitive and dangerous contract which needs a thorough knowledge of advantages and disadvantages. It also needs research and consultation. No doubt that the woman is not – most of the time – apt for this discernment. So, she is not supposed to take this responsibility.

So, this girl should have tried to convince her father to accept her marriage to this man if he is pious and has a good character. If her father repeatedly returned the offer of marriage presented to him, then the girl can put her case in front of a judge or any other Islamic alternative such as Islamic centers,… etc. If they make sure that the father of this girl is preventing her from getting married for no sound Islamic reason, then they should marry her off.

Now that the matter has been settled, this girl and her husband should renew the marriage contract under the supervision of the guardian or somebody who represents him since he has now accepted the marriage. As for the child, he is not illegitimate and he is traced to his father like any other child even if there were some unclarity on the initial marriage contract. There is no disagreement among scholars concerning this issue.

For more benefit on a woman’s marriage without guardian, please refer to Fataawa 92758, 85057, 226429, 132754, and 269080.

Allah knows best.