Is Nikah Valid Without Wali in Pakistan?
Yes! The nikah is valid without wali in Pakistan. The Pakistani law permits a male and a female to get married in Pakistan without the wali. In Pakistan, there can be no law that is against the Quran and Sunnah. If someone thinks that a Pakistani is against the Quran and Sunnah, he can challenge it in the Federal Shariat Court. A male and a female who are of the age of majority can marry each other, and their nikah is valid without a wali in Pakistan. The nikah, or even the court marriage in Pakistan is between a male and a female and not between their families. It is basically the male and the female who are getting married and not their parents.
Saima Waheed Case:
In the Saima Waheed case before the Supreme Court of Pakistan in 2003. In this case, reference no. PLD 2003 SC 51, the father of Saima Waheed filed a case before the Supreme Court claiming that the marriage of her daughter was without the consent of wali, but the Supreme Court gave the decision that the consent of wali was not required for a valid marriage and also stated that the nikah is valid without wali in Pakistan Which support the legal concept such as Khula Matters.
Hafiz Abdul Waheed VS Asma Jahangir Case:
In this case also, the Supreme Court gave its verdict that the consent of a wali is not required for a valid marriage. It was a consolidated appeal in the court.
Online Marriage:
In online marriage in Pakistan, you also don’t need a wali as a necessary requirement. The male or the female who is abroad can appoint any person as his or her attorney to process the nikah ceremony or to register the documents.
Judgment Of Federal Sharia Court 1981:
This principle was also set by the Federal Shariat Court in 1981. In 1981, the federal Shariat court also gave its clear verdict that the consent of the wali is not required for the marriage. Keep in mind that the federal Sharia court is the court where you can challenge any law that is against the Quran and Sunnah. This court gives a verdict after hearing all the proficient Islamic scholars in Pakistan.
Under Hanafi Law:
Under the Hanafi school of thought, a male and a female can get married without the permission of a wali in Pakistan.
Requirements of Nikah:
The requirements for the nikah, or the Faraiz of nikah, are also just three, which are Ijab o Qabool, which is the offer and the acceptance; the second is free will of the parties; and the third is at least two male witnesses. If the nikah is done with these three conditions, then the nikah is valid, and it is usually conducted by a Nikah Khawan.
Protection by Court:
The court precedents are always protected by the court. When this precedent is set by the courts, then the lower courts also have to give the orders according to it. When you do a court marriage in Pakistan, the couple can also get protection orders from the court.
Is nikah valid without a wali in Pakistan? It is mentioned above, but if you have questions, you may contact our law firm in Pakistan Like onlinemarriage.pk .
