Is a Father Required in Sharia Marriage? Views from Scholars and Laws

In Islam, marriage is a serious and important agreement governed by Sharia law. One common question is: Does the bride’s father need to be present for the Sharia marriage to be valid? Different Islamic scholars and schools of thought have different answers.

The legal rules can change depending on the country or state. Many Muslim countries follow different schools of thought, and their local laws are based on those views. In this blog, we will explain what scholars say and how the law works in different places.

Muslim Scholars’ Views on the Father’s Role in Sharia Marriage

Muslims around the world follow different Islamic schools of thought. The most well-known among them are Hanafi, Maliki, Shafi’i, Hanbali, and Ja’fari. Each school is based on the teachings of a different Islamic Imam, and they have varying interpretations regarding the role of the father or guardian (wali) in a Sharia marriage. Below, we will explain the views of each school one by one.

1. Hanafi School – Imam Abu Hanifa

• View: An adult, sane Muslim woman can marry without her father’s or guardian’s approval.
  
• Reason: Imam Abu Hanifa believed that a mature woman has the right to choose her spouse, especially if the man is suitable (kafa’ah).
  
• Note: While not required, having a wali is still preferred in many cultures that follow Hanafi law.

2. Maliki School – Imam Malik ibn Anas

• View: The father or guardian’s presence is mandatory.
  
• Reason: Imam Malik taught that a woman cannot marry herself off, even if she is an adult. The wali must approve the marriage for it to be valid.
  
• Note: Most courts in North and West Africa and parts of the UAE follow this rule.

3. Shafi’i School – Imam Al-Shafi’i

• View: A wali is required for the Sharia marriage to be valid.
  
• Reason: Imam Al-Shafi’i based this rule on hadiths stating that no marriage is valid without a guardian.
  
• Note: This view is followed in places like Indonesia, Malaysia, and East Africa.

 4. Hanbali School – Imam Ahmad ibn Hanbal

• View: The father or guardian must be present and approve the marriage.
  
• Reason: Similar to the Shafi’i view, this school strongly emphasizes the guardian’s role.
  
• Note: This is the dominant view in Saudi Arabia and parts of the UAE.

5. Ja’fari School (Shia) – Imam Ja’far al-Sadiq

• View:
  
  • If the woman is a virgin, the father’s or grandfather’s approval is required.
    
  • If the woman is divorced or widowed, she can marry without a wali.
    
• Reason: Imam Ja’far allowed more freedom for women who had been previously married.
  
• Note: This view is practiced in Iran, Iraq, and among many Shia communities.

Legal Requirements for the Father’s Presence in Sharia Marriages by Emirates

In the United Arab Emirates (UAE), Sharia law governs Muslim marriages. However, the application can vary slightly by emirate due to local practices.

1. Dubai

In Dubai, the bride’s father or male guardian (wali) must be present for a valid Sharia marriage. If the father is absent, a legal guardian or court-appointed representative can act as the wali, but court approval is typically required. If the bride is divorced or widowed, she may still need a wali under Sharia law, unless ruled otherwise by the judge.

2. Sharjah

Sharjah applies more traditional interpretations of Sharia. The father’s presence (or that of a wali) is strictly required for a valid marriage contract. Without the wali, the marriage is not permitted under local law, regardless of the bride’s age or status.

3. Abu Dhabi

Abu Dhabi offers two marriage systems: one for Muslims (under Sharia) and another civil system for non-Muslims. For Muslims, the father’s or wali’s presence is still legally required under Sharia. However, for non-Muslims using the civil family court, the father’s presence is not required at all.

Is Father’s Presence in Sharia Marriage also Required in Non-Muslim Countries

In non-Muslim countries, the requirement for the father’s presence in a Sharia marriage depends on whether the marriage is being conducted under Islamic (religious) procedures or civil law.

• Under Islamic (Sharia) Ceremonies: Yes, the father’s (wali’s) presence is usually required by Islamic scholars or religious authorities conducting the marriage, even in non-Muslim countries like the UK, USA, Canada, or Australia. If the father is unavailable, a male guardian or imam-approved wali may be appointed.
  
• Under Civil Law: No, civil marriage laws in non-Muslim countries do not require the father’s presence. Civil marriage focuses on individual consent and legal age, not religious customs.
  

So, in non-Muslim countries:

• Islamic marriage: Father’s presence is typically required.
  
• Civil marriage: Father’s presence is not required.

Final Thoughts

Whether the father must be present in a Sharia marriage depends on Islamic rules and the laws of each country. Some scholars, like those in the Hanafi school, say a grown woman can marry without her father. Others, like in the Maliki or Hanbali schools, say the father or guardian must be there.

In countries like the UAE, the father’s presence is usually required by law. In non-Muslim countries, it depends on the type of marriage. For Islamic marriages, a father or guardian is usually needed. But for civil marriages, only the couple’s agreement is required.

It’s important to know the rules of both religion and the country before getting married.