| Answer: The word Nikāh (marriage) in the
Arabic language means a declared union between a man and woman to live willingly
as a husband and wife forever. Islam gives two additional directives in this
regard, which though are not conditions of this union, yet may be instrumental
in its annulment, if a lack of their compliance has no sound basis. These two
additional directives are:
i) The marriage should be according to
the customs and traditions of the society (See 2:232).
ii) The husband is required to pay a
certain mutually agreed sum called Mahr (dower) to his bride before the Nikāh
ceremony (See 2:236-7)
According to the customs and traditions
of an Islamic society, the consent and presence of the parents/ guardians is an
understood norm. Islam regards the institution of family as the basic unit of a
society and stresses that it is the need of every individual if his life is
viewed as a whole. Man is basically a weak and an insecure being. He has
spiritual as well as material needs. If he needs to develop a strong
relationship with the Almighty to fulfil his spiritual needs, he needs to
develop a strong relationship with his fellow human beings to meet his material
needs, which may be physical, emotional and psychological. His family and clan
fulfil these needs. Couples who live in isolation are deprived of this support.
Consequently, the consent of the parents, who are the foremost guardians, is
something extremely important in a marriage. It is in the interest of the couple
to be part of a larger family. In this regard, if on the one hand, the children
must respect the wishes of their parents, on the other hand, the parents should
not impose their wishes on the children. A difference of opinion in this regard
should be settled with magnanimity and accommodation on the part of the parents
unless of course they have some sound grounds in opposing such a marriage. The
Prophet (sws) also while explaining this social stance of Islam is reported to
have remarked:
It is not proper that a Nikāh
solemnise unless it takes place through the guardian, and if someone does not
have a guardian, the ruler of the Muslims is his guardian. (Tirmidhī, Kitāb al-Nikāh)
However, as is evident from the Hadīth
also, there can always be an exception to this general principle. If a man and a
woman feel that the rejection on the part of the parents has no sound reasoning
behind it or that the parents, owing to some reason, are not appreciating the
grounds of this union, they have all the right to take this matter to the
courts. It is now up to the court to analyse and evaluate the whole affair. If
it is satisfied with the stance of the man and woman, it can give a green signal
to them. In this case, as is apparent from the Hadīth, the state shall be
considered the guardian of the couple. On the other hand, if the court is of the
view that the stand of the parents is valid, it can stop the concerned parties
from engaging in wedlock. Similarly, if a case is brought before the judicial
forums in which the marriage has taken place without the consent of the parents,
it is up to the court to decide the fate of such a liaison. If it is not
satisfied with the grounds of this union, it can order for their separation and
if it is satisfied, it can endorse the decision taken by the couple.
It is evident from this discussion that
the consent of the parents/guardian is not a legal requirement to solemnize a
marriage. However, since this consent is an accepted norm of an Islamic society
and since according to the Qur’ān the norms of a society themselves must be
taken into consideration in marriage, therefore a lack of this consent can annul
a marriage if it has no sound basis in the eyes of the court.
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