Is it imperative to seek the consent of the parents or guardians in a marriage? This question has assumed great importance in this era since some marriages are taking place against the wishes of the parents and guardians.

In this regard the stance of Islam is that the consent of the parents/guardians is not a legal requirement of marriage. The legal requirements are only two: the man and woman who intend to get married must be chaste and a man must pay dower (Mahr) to his wife. However, the consent of the parents/guardians is a cultural and social requirement of marriage. Narratives like ‘لَا نِكَاحَ اِلَّا بِوَلِى’ (No marriage should take place without the [permission of] the guardian)[22] and other similar ones actually allude to this aspect. They are a corollary of the social directives of Islam pertaining to the institution of family and is based on great wisdom. Since the preservation and protection of the family set-up is of paramount importance to Islam, it is but natural that marriage takes place through the consent of the parents who are the foremost guardians. It is obvious that a marriage solemnized through the consent of the parents shields and shelters the newly formed family.

However, 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 of justice. It is now up to the court to analyze 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 a Hadith, 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. However, no one has the authority to invalidate a marriage that has not been solemnized through the consent of the parents or the guardian.

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[22]. Abu Da’ud, No:2085