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Question: My friend she want to do nikha and she dont want to tell her father because the guy dont have enough money but her brother knows and want to be her wali is that nikha valid as in csn brother be wali when father is alive
Answer:

In Islam, nikah or marriage must conform to certain minimum standards and requirements to be valid and acceptable; without these, it is not considered either valid or acceptable, for it is then hardly distinguishable from fornication or illicit relations.

The minimum conditions for the validity of nikah are the following:

The consent of the guardian of the woman

presence of witnesses; offering and acceptance; and mahr (dower).

Once the above conditions have been fulfilled, the marriage will be deemed as valid; but if these conditions are not fulfilled, then it will be considered as being null and void.

As far as the consent of guardian is concerned, it can only be dispensed with if the guardian is simply refusing to give consent for considerations other than Islamic, in which case the judge can authorize the marriage after having followed the due process. If, on the other hand, such is not the case and no attempt was made to ascertain the consent of the guardian, then such a marriage would be considered invalid and, therefore, unacceptable in Islam. The Prophet (peace and blessings be upon him) said, "There is no (valid) marriage without a guardian and two reliable witnesses."

By stipulating the above-mentioned conditions for the validity of marriage, Islam insists that a marriage should remain distinct from other loose and immoral lifestyles such as fornication and illicit affairs. Hence, the Prophet insisted on making marriages public.

Now let me come to the heart of your question: You say your father does not agree to your choice.

If that is the case, you ought to ask why: If his reasons are simply based on material considerations such as race, ethnicity, status and wealth, then it  is wrong.

You are allowed to marry anyone you choose as long as the person is compatible. The criterion for choosing a marriage partner in Islam is sound faith and character.

Therefore, if you find someone that fits this criterion, you are allowed to marry him even if your father does not give you consent. The Prophet (peace and blessings be upon him) said, “A woman who is married and divorced or widowed has a greater right to decide for herself than her guardian.”(An-Nasa’’i).

If this is your case, then your brother can act as your guardian then the marriage is valid as long as you fulfill the requirements of marriage registration in the city or town you are living.

I would urge you not to do so without legal papers; if you do, you are failing to safeguard your interests in case of any dispute that may arise in future.

I pray to Allah to guide our steps and grant us rectitude in all of our affairs.

 Before closing, I would urge you not to break up with your father because of this issue. You should do your best to make them understand your position and your need to get married.

 

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