Nikah, zawaj, 'aqd: what we are talking about
"Nikah" is the Arabic word for the marriage contract. It is the word used when people speak of "doing their nikah": it refers neither to a ceremony nor to a celebration, but to the act by which the marriage is concluded. "'Aqd" says the same thing more literally still, since the word means contract.
"Zawaj" refers to the marriage itself, the union and the shared life that follow from it. Both terms circulate together among English speakers, often one for the other, and many keep the Arabic word as it is rather than translating it.
This page uses "nikah" in the sense of the contract. Vocabulary varies with regions and families; what follows is not about words but about the contract itself, point by point, each one reported as Shaykh Ibn Baz formulated it, with its Arabic text and the link to the fatwa.
Marriage brings four people together
The Shaykh names four presences, and the legislated marriage is the one that brings them together: the wali, the husband and the two witnesses. This is not the description of a desirable custom, it is the description of the contract itself.
The same fatwa distributes the roles. The husband is the one with the need. The wali marries and pronounces the formula: I have given you in marriage so-and-so, daughter of so-and-so. The husband answers: I accept. And the two witnesses testify to it. So it is the wali who concludes, on the woman's side.
The enumeration is to be read as it stands: the woman is not named among the four, her wali is, and it is he who pronounces the contract for her. What the list rules out is a contract made between two people alone. Four people, not two. The rest of the page takes each point in the fatwas' order: the wali, consent, the dowry, the announcement, then the contract that is missing something.
والنكاح يحضره أربعة: الولي والزوج والشاهدان، هذا هو النكاح الشرعي
Marriage brings four people together: the wali, the husband and the two witnesses. That is the legislated marriage.
The wali, and in what order
The wali is not a role that is handed out. The fatwa defines him: he is the nearest of the woman's agnates, that is, of her relatives through the male line. And it gives the list, in order.
The father first. Then the grandfather and the ascendants among the men. Then her son, then her son's son and the descendants. Then her full brother, then her paternal half-brother. Then the rest of the agnates, from the nearest to the furthest.
The order has a direct consequence: the question "who is the wali?" has an answer, and that answer depends neither on anyone's preference nor on family custom. It is read off the list.
ولي وهو أقرب العصبة إلى المرأة أبوها ثم جدها وإن علا من الذكور ثم ابنها ثم ابن ابنها وإن نزل، ثم أخوها الشقيق، ثم أخوها لأب، ثم بقية العصبة الأقرب فالأقرب
The wali is the nearest of the woman's agnates: her father, then her grandfather and the ascendants among the men, then her son, then her son's son and the descendants, then her full brother, then her paternal half-brother, then the rest of the agnates, from the nearest to the furthest.
The woman's consent
The fatwa draws no distinction between cases: no one is permitted to compel his daughter, whether she has already been married or is a virgin. Both situations are named, and compulsion is ruled out for the one as for the other.
In its place, two acts fall to him: to ask their permission, and to consult them about themselves. The wording is that of an obligation, not of advice. A father who has not asked the question has not done what is required of him.
The same fatwa reports in support, from the two Sahih, the words of the Prophet ﷺ: the virgin is not married until her permission is asked, and the woman previously married until her view is sought. And he said: let her stay silent, for the virgin's permission is her silence.
فلا يجوز لإنسان أن يجبر ابنته الثيب ولا البكر، بل يجب أن يستأذنهما، ويشاورهما في أنفسهما
No one is permitted to compel his daughter, whether she has already been married or is a virgin. It falls to him instead to ask their permission and to consult them about themselves.
The dowry: indispensable, without being a pillar
The wording is precise, and it often comes as a surprise: the dowry is not one of the pillars of marriage, nor one of its conditions, but it is indispensable. Three statements in a single sentence, and the third does not fade behind the first two.
The same fatwa gives the consequence: a man who marries without a dowry has not concluded a void marriage. The marriage is valid, and the dowry of her peers is then owed to the wife. Leaving it unnamed in the contract does not cancel it, it leaves it to be determined.
Two things hold together: the dowry cannot be treated as optional, since it is indispensable; and a contract in which it was not named cannot be declared void, since the fatwa calls it valid.
ليس المهر من أركانه، ولا من شرائطه، ولكنه لابد منه
The dowry is not one of its pillars nor one of its conditions, but it is indispensable.
The announcement, what separates nikah from fornication
The term used is that of obligation: making the marriage public is obligatory. The reason is given in the same sentence, and it is plain: so that the marriage is distinguished, and is not fornication.
The means named is the walima: making it public and announcing it by holding a meal. What is asked is that the marriage be known. A contract kept hidden does not meet what this fatwa requires, since it is precisely that distinction which is intended.
The fatwa warns in the same breath: one should not overburden oneself, for that burden may keep people from marrying and may cause young men and young women to remain unmarried. The Sunnah, it says, is not to overburden.
إشهار النكاح واجب، حتى يتميز حتى لا يكون زنا، إشهاره وإعلانه بصنع وليمة
Making the marriage public is obligatory, so that it is distinguished and is not fornication; making it public and announcing it by holding a walima.
What voids the contract, and how it is put right
The Shaykh names the case and settles it: what is called customary marriage, namely that she marries herself off without a wali, is not permitted; it is null according to the majority of the people of knowledge. The word is the fatwa's, this page only reports it.
Fatwa no. 12666 says what is missing, fatwa no. 7804 says what to do about it. For what was concluded out of negligence, without the two witnesses or without a wali, it should be renewed: the marriage redone with its legislated conditions, a wali and two witnesses present at the new contract.
One detail matters, and it is often the one people fear: fatwa no. 7804 adds that their children born beforehand are attached to them, on account of the doubt. Lineage is not touched by the irregularity of the contract; it is the contract, and it alone, that has to be taken up again.
أما ما يسمى بالزواج العرفي وهو كونها تزوج نفسها من دون ولي هذا لا يجوز بل هو باطل عند جمهور أهل العلم
As for what is called customary marriage, namely that she marries herself off without a wali, that is not permitted; it is on the contrary null according to the majority of the people of knowledge.
What this requires of a platform
A platform concludes no contract and makes no marriage valid. What it can do is avoid organising the opposite of what precedes. That translates into verifiable decisions, not into a statement of intent at the bottom of a page.
As soon as the sister signs up, the wali is identified and given access to the exchange from the first message, without having to create an account. He is not told at the end: he sees the connection while it is happening.
Every message goes past a human moderator before it is delivered, and not by spot check. There are no profile photos, by design. Only one exchange can be open at a time: the process moves towards a decision, or it stops, but it does not multiply.
Frequently asked questions
Is a nikah without a wali valid?
No. Fatwa no. 12666 names this case: what is called customary marriage, namely that she marries herself off without a wali, is not permitted, and it is null according to the majority of the people of knowledge. Fatwa no. 7804 indicates what follows for what was done out of negligence: renew the marriage with its legislated conditions, a wali and two witnesses present at the new contract.
Can a woman marry herself off?
No. Fatwa no. 12666 describes who does what: the husband is the one with the need, the wali marries and pronounces the formula, the husband answers that he accepts, and the two witnesses testify to it. The woman is not one of the four. Her consent is required all the same: fatwa no. 4528 forbids compelling her, virgin or previously married, and requires that her permission be asked.
Who is the wali when the father has died?
Fatwa no. 12666 gives the order: the father, then the grandfather and the ascendants among the men, then her son, then her son's son and the descendants, then the full brother, then the paternal half-brother, then the rest of the agnates, from the nearest to the furthest. It is that list which answers, not family custom.
Does the dowry have to be fixed at the moment of the contract?
Fatwa no. 14950 answers in two moves. First: the dowry is not one of the pillars of marriage nor one of its conditions, but it is indispensable. Then: a man who marries without a dowry has not concluded a void marriage, the dowry of her peers is owed to the wife and the marriage is valid. Leaving it unnamed in the contract therefore does not cancel it, it leaves it to be determined. This answer holds to what the fatwa states and adds no condition it does not set.
Is the nikah valid if the woman is not present at the contract?
Fatwa no. 12666 names four people at the contract: the wali, the husband and the two witnesses. The woman is not named among them, her wali is the one who marries and pronounces the formula for her. Her agreement, for its part, cannot be bypassed: fatwa no. 4528 forbids compelling her and requires that her permission be asked. Presence and consent are two distinct questions.
What should be done about a contract already concluded without a wali or witnesses?
Fatwa no. 7804 answers for the case of negligence: the contract should be renewed, the marriage redone with its legislated conditions, a wali and two witnesses present at the new contract. It adds that children born beforehand remain attached to their parents, on account of the doubt.
Further reading
The wali: why a woman does not conclude her own marriage
The wali is a condition of validity, not a formality. Who he is, what he may not do, and what adl means.
Consent: no one is married by force
Compelling someone to marry a person they do not want is a grave wrong, and the contract itself is not valid. Sheikh al-Fawzan's answer.
The secret marriage: why this contract is void
Two people, a paper signed between them, no wali, no witnesses, no announcement. Sheikh ar-Ruhayli: void by agreement of the imams.
The dowry (mahr) in Islam: the real cost of escalation
High dowries and heavy costs stop marriages and leave women without husbands. What Sheikh al-Fawzan asks of guardians.
Sources
A process that begins with the wali
The guardian is recorded at registration and is given access to the exchange from the first message. This is not an option on the platform, it is its condition of entry.
Create my profile