First of all, it should be clear that marriage in Islam is a solemn contract for which the Shari'ah lays down rules and arrangements to guarantee its stability.
To be valid, a marriage has to meet certain requirements such as ishhar (announcement), the payment of the mahr (dower), the consent of both parties, the permission of the wali (woman's guardian), and the presence of witnesses.
. In Islam, nikah or marriage must conform to certain minimum standards and requirements to be valid and acceptable; without these, it is considered neither valid nor acceptable, for it is then hardly distinguishable from fornication or illicit relations.The minimum conditions for the validity of nikah are the following:
The consent of the guardian of the woman presence of witnesses offering and acceptance
- and mahr (dower).
Once the above conditions have been fulfilled, the marriage will be deemed as valid; but if these conditions are not fulfilled, then it will be considered as being null and void.
As far as the consent of guardian is concerned, it can only be dispensed with if the guardian is simply refusing to give consent for considerations other than Islamic, in which case the judge can authorize the marriage after having followed the due process. If, on the other hand, such is not the case and no attempt was made to ascertain the consent of the guardian, then such a marriage would be considered invalid and, therefore, unacceptable in Islam. The Prophet (peace and blessings be upon him) said, "There is no (valid) marriage without a guardian and two reliable witnesses."
Anupamaa
