The Nikah of a Minor Without a Guardian

Question

There is a minor boy, but he is of sound understanding. If, at the time of nikah, the offer and acceptance (ijab and qabul) are made by him without his father’s guardianship, will the nikah be concluded or not? A number of such nikahs are taking place.

Answer

His offer and acceptance without a wali are not sufficient; rather, the nikah remains mawquf (suspended) upon the permission of the guardian recognised by the Shari‘a. [ar]الْوَلِيُّ شَرْطُ نِكَاحِ صَغِيرٍ[/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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