Marriage without parents consent.

Mu' meneen Brothers and Sisters,
As Salaam Aleikum wa Rahmatullahi wa Barakatuh. (May Allah's Peace, Mercy and Blessings be upon all of you)

One of our brothers/sisters has asked this question:
What does Quran say about, if a young muslim boy and young muslim girl ( both are adults) gets marired, without parents acceptens?

(There may be some grammatical and spelling errors in the above statement. The forum does not change anything from questions, comments and statements received from our readers for circulation in confidentiality.)

Answer:

Marriage without parents consent
In the name of Allah, We praise Him, seek His help and ask for His forgiveness. Whoever Allah guides none can misguide, and whoever He allows to fall astray, none can guide them aright. We bear witness that there is none worthy of worship but Allah Alone, and we bear witness that Muhammad (saws) is His slave-servant and the seal of His Messengers.

Ref: Parents consent for the bride to marry
There are four absolutely obligatory conditions for a marriage or nikaah to be deemed lawful in the Sight of Shariah and of Allah Subhanah:
Proposal by one party and acceptance by the other.
The determination of mehr for the bride.
The availability of at least two witnesses to the marriage contract.
The consent of the parents/guardians (wali) of the bride.

If even one of the above four obligatory conditions of a nikaah are not honored, the marriage will not be deemed lawful, null and void in the Sight of Shariah Law and of Allah Subhanah.

Sunan of Abu-Dawood Hadith 2078 Narrated by Aisha, Ummul Mu`minin
The Messenger of Allah (saws) said: 'The marriage of a woman who marries without the consent of her guardians (wali) is void.' (He (saws) said these words three times.)

Al-Tirmidhi Hadith 3137 Narrated by Abu Hurayrah
Allah's Messenger (saws) said, "A woman may not give a woman in marriage, nor may she give herself in marriage, for the immoral woman is the one who gives herself in marriage."

It is unlawful in Shariah Law for a woman to give herself in marriage, or to marry someone without the prior consent of her wali (parents, guardians, etc.).

If the parents/wali/guardians of the bride are believers, and if a woman marries someone without the prior consent of her wali, or if any of the above listed four absolutely obligatory conditions on a nikaah are violated.that marriage contract will be deemed null and void in the Sight of Allah Subhanah and in the Sight of Shariah Law.

Muslims, discuss if this marriage is lawful or an abuse and violation of the girl's rights.

The general principle is a marriage contract is unlawful without walee, although you've not given us the full details of the matter, did the girl marry him willingly? did this person ask her hand in marriage and the parents refused? if yes, why? is the reason a valid one according to shariah? these are among the things we need to know.

The Katsina Emirate Council on Thursday declared that the marriage between a 14-year-old girl, Habiba Isa, and the Emir of Katsina, Alhaji Abdulmumuni Usman, was irreversible, PUNCH reports.

Isa was reportedly abducted by one Jamilu Lawal, who is an aide of the Emir, on August 16, 2016 and was converted to Islam and held incommunicado.

The family of Isiyaku Tanko of Warkaza community in the Kudun Kankara Local Government Area of the state had alleged that the Emir abducted the girl and forced her to marry him.

Isa’s father had complained about the matter to a a humanitarian civil rights organisation, Stefanos Foundation, that took over the matter.

The Emirate Council said the marriage and Isa’s conversion to Islam were voluntarily and willingly entered into by the girl.

The Emirate Council told officials of the Katsina State chapter of the Christian Association of Nigeria (CAN), during a visit to the Emir, that no evidence suggests that the girl was forced to act against her wish.

When the CAN officials visited, the Kaora Katsina, Alhaji Nuhu Abdulkadir, called the girl in and asked her three questions on behalf of the Emirate Council.

He asked if she was forcefully converted to Islam, the girl said ‘No’. She also replied ‘No’ when she was asked if she was forced to marry the 64-year-old Emir.

Isa replied ‘Yes’ when she was asked if she was already experiencing monthly flow when she met the Emir.

Abdulkadir said: “The three questions are in line with the dictates of the Islamic religion. Since Isa has voluntarily answered the three questions in our presence, there is no going back on her marriage.”

According to the report, Abdulkadir explained that in as much as the emirate council would not want to be involved in the controversy surrounding the marriage, the palace of the emir was open to all Nigerians irrespective of religion and tribe.

The CAN Chairman for Katsina State,, however, told the emirate council that Isa’s marriage did not have the consent of her parents, who he said, were crying for justice in Abuja.

Very Rev. Nelson Ugochukwu, the CAN Chairman in the state, told the Emirate Council:

This girl (Isa) standing before us is 14 years. She is supposed to be in school and not given out in marriage.

We are not pleased and we demand justice. Her parents are in Abuja, crying for justice. In my religion, you cannot give out any lady in marriage without the consent of her parents. This marriage does not have the consent of this little girl’s parent. The parents are not happy with what has happened.

As the CAN chairman in Katsina, I am the father of all Christians in the state. Our people are not happy. The parents told me that the girl is 14 years. She is supposed to be in school. I want justice to be done in this matter. I want the emirate to look into the matter. To us, the girl is still a Christian.

Isa, who will turn 15 on October 15, was said to have passed her Junior Secondary School Certificate Examination and was expected to start Senior Secondary School.

https://www.bellanaija.com/2016/10/katsina-emirate-council-upholds-emirs-marriage-to-14-year-old-girl/

You guys in this section are terrorists. You don't want your religion to be examined as it is with other received ideas. I am not a Muslim, and will never be. I have read much of your history and came to the conclusion that the founder of the religion did not know what he was saying. Taking people s wives , robbing caravans, sacking an entire community because of gold. Forced conversions like they do in muslim country. You can ban me now. At least one academic deficient boko read this. Bye.

MayorofLagos:
Marriage without parents consent.

Mu' meneen Brothers and Sisters,
As Salaam Aleikum wa Rahmatullahi wa Barakatuh. (May Allah's Peace, Mercy and Blessings be upon all of you)

One of our brothers/sisters has asked this question:
What does Quran say about, if a young muslim boy and young muslim girl ( both are adults) gets marired, without parents acceptens?

(There may be some grammatical and spelling errors in the above statement. The forum does not change anything from questions, comments and statements received from our readers for circulation in confidentiality.)

Answer:

Marriage without parents consent
In the name of Allah, We praise Him, seek His help and ask for His forgiveness. Whoever Allah guides none can misguide, and whoever He allows to fall astray, none can guide them aright. We bear witness that there is none worthy of worship but Allah Alone, and we bear witness that Muhammad (saws) is His slave-servant and the seal of His Messengers.

Ref: Parents consent for the bride to marry
There are four absolutely obligatory conditions for a marriage or nikaah to be deemed lawful in the Sight of Shariah and of Allah Subhanah:
Proposal by one party and acceptance by the other.
The determination of mehr for the bride.
The availability of at least two witnesses to the marriage contract.
The consent of the parents/guardians (wali) of the bride.

If even one of the above four obligatory conditions of a nikaah are not honored, the marriage will not be deemed lawful, null and void in the Sight of Shariah Law and of Allah Subhanah.

Sunan of Abu-Dawood Hadith 2078 Narrated by Aisha, Ummul Mu`minin
The Messenger of Allah (saws) said: 'The marriage of a woman who marries without the consent of her guardians (wali) is void.' (He (saws) said these words three times.)

Al-Tirmidhi Hadith 3137 Narrated by Abu Hurayrah
Allah's Messenger (saws) said, "A woman may not give a woman in marriage, nor may she give herself in marriage, for the immoral woman is the one who gives herself in marriage."

It is unlawful in Shariah Law for a woman to give herself in marriage, or to marry someone without the prior consent of her wali (parents, guardians, etc.).

If the parents/wali/guardians of the bride are believers, and if a woman marries someone without the prior consent of her wali, or if any of the above listed four absolutely obligatory conditions on a nikaah are violated.that marriage contract will be deemed null and void in the Sight of Allah Subhanah and in the Sight of Shariah Law.

Notice where he quoted Al-Tirmidhi Hadith. When I quote him and tabari they will start telling me that they are not sahih.

The girl's parent should sue for annulment of the marriage, as she is a minor under Nigerian law only her parents were in the position to give her out for marriage hence they failed to fulfil every legal questions to the law.