Question
At the time of our Nikah, I was 16 years old and my husband was 22. We are both Muslims. Our Nikah was performed by a Qazi, three adult Muslim witnesses were present, and the Mahr (dowry) was agreed upon. However, my Wali (guardian) was not present and did not give permission. After the Nikah, we lived together as husband and wife for some time, but we are now living separately. According to Islamic law, what is the ruling on our Nikah? Is our marriage valid, and what should we do now?
Islamic Ruling & Answer
VerifiedIf the facts are exactly as described in the question, then according to the Hanafi school of Islamic law, the marriage of an adult, sane woman to a kafā'ah (Islamically compatible) man, with an agreed Mahr (dower) and in the presence of the required witnesses, is valid even without the permission of her Wali (guardian). Therefore, in the situation described, if the husband was Islamically compatible and all the other conditions of Nikah were fulfilled, then the Nikah is valid and has taken effect.
Since the two of you lived together as husband and wife after the Nikah, you are regarded as lawful spouses under Islamic law.
If you are now living separately and wish to end the marriage, merely living apart does not dissolve the Nikah. Rather, the marriage can only be terminated through a valid Islamic divorce (Talaq) or, where its conditions are met, through judicial annulment (Faskh al-Nikah) in accordance with Islamic law.
Answered by
Mufti Tosif Qasmi
July 07, 2026
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