assalamu alaykum, here in germany i heard a lot of marriages that are conducted in the following matter, especially in turkish or morrocan communities: There are bride and groom, the imam, two male witnesses and the father of the bride. before the marriage ceremony the father is asked for his consent. the imam is making a wedding khutba and then he asks the bride: would you marry “name of groom” with the mahr of… following the quran and the holy sunnah of the prophet” then she says yes, and then the groom is asked by the imam “would you marry “name of the bride” etc” and then they all sign the marriage certificate, is such a marriage valid? i also have a friend which is a converted muslima and she married in the same matter…
All praise be to Allah and may His blessings and peace be on His messenger, Muhammad,
This marriage is not valid according to the majority. Imam Ibn Qudamah said in al-Mughni:
“فإن عقدته المرأة لنفسها، أو لغيرها بإذن وليها، أو بغير إذنه لم يصح.”
“If the woman conducted the contract for herself or another woman with or without the permission of the guardian (waliy), it shall not be valid.”
This is because the woman may not marry herself off. It is her waliy that should do that. The Messenger of Allah (blessings and peace be upon him) said,
“لا تنكح المرأة المرأة ولا تنكح المرأة نفسها.”
“A woman may not marry another woman off or herself.”
According to a weaker position in the Hanbali madhhab, this marriage is valid. The Prophet (SA) said:
“أَيُّمَا امْرَأَةٍ نَكَحَتْ بِغَيْرِ إِذَنِ وَلِيِّهَا ، فَنِكَاحُهَا بَاطِلٌ ، فَنِكَاحُهَا بَاطِلٌ ، فَنِكَاحُهَا بَاطِلٌ.”
“Any woman who gets married without the permission of her guardian, her marriage is invalid, her marriage is invalid, her marriage is invalid.” (T,D, Ma–from ‘Â’ishah. T:S)
The divergent implication (mafhoom al-mukhâlafah) of this hadith is that she may conduct the marriage contract with the permission of her guardian.
It is to be known, however, that this marriage would be acceptable in the Hanafi madhhab. This makes it legally consequential, as far as the paternity of the children is concerned and the fact that it is not considered zina. In the West, and wherever Muslims do not have their own judiciaries, one imam or preacher may not demand the redoing of a marriage that was conducted according to an excusable (sâ’igh) opinion of a mujtahid. Also, if a Mâliki, Shâfi‘i or Hanbali imam is approached by a couple to marry them, and her wali is absent and not reachable, but the imam fears they may fall into sin if he turns them away, then it is prudent to marry them without the wali, based on the Hanafi position that validates such a marriage.
Allah knows best.