Nowadays boys and girls run away from home and marry — is this permissible? When it is said that there is no marriage without a guardian, they reply that the lawyer/agent was our guardian, and that the girl is 18 years old, adult and sane?

And upon you be peace, and the mercy of Allah and His blessings

1. Marriage without a guardian is invalid — the agreed and preponderant position of Ahl al-Sunnah and the methodology of the righteous predecessors: without the permission and presence of the guardian (father, grandfather, brother, paternal uncle, etc.) the marriage is not concluded at all: “There is no marriage except with a guardian” (Abu Dawud, at-Tirmidhi); 'A'ishah, may Allah be pleased with her: “Any woman who is married without the permission of her guardian, her marriage is invalid, her marriage is invalid, her marriage is invalid” — three times (Sunan Abi Dawud: 2083, at-Tirmidhi).

2. The claim “the wakil was the guardian” is a false claim: guardian and wakil are two distinct capacities. The guardian is the custodian appointed by the Shariah through a blood relationship; the wakil is the representative appointed by the guardian, who cannot himself become a guardian. If the guardian has not appointed a wakil at all, the boy/girl cannot make a stranger their “wakil” and give him the status of guardian — the marriage will not be concluded at all.

3. The argument of being “adult and 18 years old”: puberty and sanity do not remove the condition of the guardian — the condition is necessary for an adult woman as well; the reason: protection of rights, correctness of the mahr, and safeguarding against deception and haste.

4. Other aspects of eloping to marry: disobedience to parents (a major sin); enmity and corruption between families; the Sunnah way of marriage is a dignified, public contract — doing it in hiding is contrary to that.

Summary: Such a marriage is invalid in the Shariah; the correct way: the guardian's free consent and presence, two upright witnesses, a public marriage.

Translated from the original Urdu fatwa.