Saturday, September 25, 2010

Can A Father Prevent Marriage of His Daughter?

Q: Some years ago I and my husband divorced. Then I raised our daughter by myself. Now our daughter is adult and she will marry. I think it’s not important to tell my ex-husband about plan of our daughter marriage, because he has not cared about our daughter. He has not given living cost to her daughter. Can my daughter marry by wali hakim? And can my ex-husband prevent the marriage?

A: In Islamic Law, a woman can not give herself in marriage. She always needs wali nikah (marriage guardian). Wali nikah consists of wali nasab and wali hakim (magistrate guardian). A woman can not marry by wali hakim as long as wali nasab is still exist and has no obstacle to be wali nikah. In the case above, the father as the principal wali is still exists, still alive. So the daughter can not marry by wali hakim.

According to Compilation of Islamic Law article 62 section 2, a blood father that never act his obligation as head of family is not drop his right as wali to prevent a marriage that will do by other wali. So it’s clear that a father can prevent marriage of his daughter.

It’s important to tell a father about plan of his daughter’s marriage. It’s his right to be wali nikah, although he never do his duties as a good father. And if he dislikes (adlal), the daughter just can marry by wali hakim after it’s decisioned by Religious Court. That’s the rule. It’s stipulation of State Law and Religious Law.


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