Nikah of a Discerning Minor Without a Guardian

Question

There is a boy who is a minor but of sound mind (‘aqil). If, at the time of nikah, the offer and acceptance (ijab and qabul) are made by him without the guardianship (wilaya) of the father, will the nikah be concluded or not? Several such nikahs have taken place among us.

Answer

His offer and acceptance without a guardian are not sufficient; rather, it remains suspended upon the permission of the Shari‘a-recognised guardian, so in such a case it is suspended upon the guardian’s permission. [ar]الولي شرط نكاح صغير[/ar] “The guardian is a condition for the nikah of a minor” (“al-Durr al-Mukhtar”, vol. 2, p. 458).

Source: Fatawa Mahmudiyya

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