her wali have permission of nikah after the nikah

Name

Question:

If someone does the nikah in an Islamic way in the presence of two witnesses but without the permission of her wali, although her wali gave permission after the nikah; will this nikah be valid?

Answer:

بِسْمِ اللهِ الرَّحْمنِ الرَّحِيْم

In the Name of Allah, the Most Gracious, the Most Merciful.

It depends on whether the man whom she married is her kufu':

If he is her kufu' then the nikah is valid.

If he is not her kufu' then the nikah is not valid. This is because in this case (when the man is not her kufu') the wali needs to give clear permission BEFORE the nikah. The wali's permission after the nikah is not valid.

For more information on the details of kufu' you can see the following:

http://www.askimam.org/public/question_detail/17926

And Allah Ta'ala knows best

Mufti Faizal Riza
20/2/2013

Darul Ifta Australia
www.fatwa.org.au

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