Questions & Answers

Alhamdu lillah, the marriage process in Islam is simple however there are requirements for it to be correct according to the sunnah, and that is to have a waliy (legitimate guardian) and two witnesses and they must be all muslims.

Traditional ways and etiquette which is not part of the religion of the disbelievers and does not oppose and violate the Sunnah and Shari'ah may be accommodated where the necessity arises and an example of this is giving gifts to the parents etc. Such an action can facilitate Dawah activities in the family.

In the case where a legitimate guardian is not found due to the family of a woman being non-muslims then she is to be married by a muslim judge who represents her in an islamic court. the prophet ﷺ said:

"No marriage without the legitimate guardian and two trustworthy witnesses" [Saheeh Al-Jaami' 3/21]

and the prophet ﷺ also said: "... a leader is a legitimate guardian for the one who does not have a legitimate guardian" [Saheeh Abi Dawud 2083]

then in a case where she is in a land with no islamic rulership or Islamic courts then she chooses who will represent her in marriage as a guardian. this is in accordance to the fiqh principle: "Necessities permit the forbidden"

imaam Ibn Qudaama Al-Maqdisiy said: "If the woman does not have a legitimate guardian or someone of authority to marry her off then what is related from Ahmad is that a just man may marry her off with her permission" [Al-Mughnee 7/351]

what is referred to as "a just man" is a righteous muslim as was mentioned by the scholars.

Even though her parents cannot be her legitimate guardian islamically it is still recommended that she consults them to avoid problems and to show regard of their parenthood. In the consultation process due consideration is given to the command of being dutiful to parents but not that they can make any decisive rulings or judgements in opposition to the Shari'ah.

Alhamdu lillah, the marriage process in Islam is simple however there are requirements for it to be correct according to the sunnah, and that is to have a waliy (legitimate guardian) and two witnesses and they must be all muslims.

Traditional ways and etiquette which is not part of the religion of the disbelievers and does not oppose and violate the Sunnah and Shari'ah may be accommodated where the necessity arises and an example of this is giving gifts to the parents etc. Such an action can facilitate Dawah activities in the family.

In the case where a legitimate guardian is not found due to the family of a woman being non-muslims then she is to be married by a muslim judge who represents her in an islamic court. the prophet ﷺ said:

"No marriage without the legitimate guardian and two trustworthy witnesses" [Saheeh Al-Jaami' 3/21]

and the prophet ﷺ also said: "... a leader is a legitimate guardian for the one who does not have a legitimate guardian" [Saheeh Abi Dawud 2083]

then in a case where she is in a land with no islamic rulership or Islamic courts then she chooses who will represent her in marriage as a guardian. this is in accordance to the fiqh principle: "Necessities permit the forbidden"

imaam Ibn Qudaama Al-Maqdisiy said: "If the woman does not have a legitimate guardian or someone of authority to marry her off then what is related from Ahmad is that a just man may marry her off with her permission" [Al-Mughnee 7/351]

what is referred to as "a just man" is a righteous muslim as was mentioned by the scholars.

Even though her parents cannot be her legitimate guardian islamically it is still recommended that she consults them to avoid problems and to show regard of their parenthood. In the consultation process due consideration is given to the command of being dutiful to parents but not that they can make any decisive rulings or judgements in opposition to the Shari'ah.