📜 Akad nikah · #2
Is a marriage without a wali valid?
According to the Shafi'i, Maliki and Hanbali schools, a marriage without a wali is invalid.
The Prophet ﷺ said: "There is no marriage except with a wali." He also said that any woman who marries without her wali's permission, her marriage is void. The wali's role is to protect the woman's interests, not to dominate her. If a woman has no wali by lineage, or the wali refuses without a Syariah reason, the right passes to a judge-guardian (wali hakim) appointed by the religious authority. In Malaysia, the marriage of a Muslim woman without a valid wali will not be registered. See The marriage guardian (wali).
The Prophet ﷺ said: "There is no marriage except with a wali." He also said that any woman who marries without her wali's permission, her marriage is void. The wali's role is to protect the woman's interests, not to dominate her. If a woman has no wali by lineage, or the wali refuses without a Syariah reason, the right passes to a judge-guardian (wali hakim) appointed by the religious authority. In Malaysia, the marriage of a Muslim woman without a valid wali will not be registered. See The marriage guardian (wali).
Difference among the schools. The Hanafi school allows an adult woman of sound mind to marry herself to a compatible partner, but Islamic family law in Malaysia follows the majority view, which requires a wali.
Sumber
Sunan Abu Dawud 2085 (sahih)Jami' at-Tirmidhi 1101 (sahih)Sunan Abu Dawud 2083 (sahih)Jami' at-Tirmidhi 1102 (hasan)