Question:
I want to marry a girl but out parents have told us to complete our studies first.I want to know if we can perform the marriage without the wali. We already have witnesses.Who else can be a wali except than a person from the family?
Answer:
The only Madhhab that permits marriage to be performed without woman’s wali is the Madhhab of Imam Abu Hanifa. However, in Imdad ul-Mufteen pg. 440 we find this explanation:
“Nikah of a woman without permission of father is valid but if this woman marries without permission in the absence of a valid legal reason, then she is sinful. Firstly, it is a sin to displease the father without any valid cause. Secondly, to marry without permission of the wali is also a shameless act and not void of sin.”
Shaykh Senad Agic
