The document discusses the conditions for a valid Islamic marriage according to Islamic law. It outlines the five pillars as (a) the husband, (b) the wife, (c) the wali or guardian, (d) two witnesses, and (e) the acceptance of the proposal (ijab) and acceptance (qabul). The document also examines a court case where a father refused consent for his daughter's marriage and analyzes opinions on when a wali can be overridden by a religious judge.

2. (a) Hukum Syarak
• In surah Ar – Rum (30 : 21) in the Quran
stated that :
And of His signs is that He created for you from
yourselves mates that you may find
tranquillity in them; and He placed between
you affection and mercy. Indeed in that are
signs for a people who give thought.

3. Reported by al-Bukhaari, 4741
• The Prophet (pbuh) said: “No previously-
married woman (widow or divorcee) may be
married until she has been asked about her
wishes (i.e., she should state clearly her
wishes), and no virgin should be married until
her permission has been asked (i.e., until she
has agreed either in words or by remaining
silent).” They asked, “O Messenger of Allaah,
how is her permission given (because she will
feel very shy)?” He said: “By her silence.”

5. Jumhur
(majority of Scholars)
• Offer and acceptance are among the pillars.
For most of these scholars, the offer must be
from the woman's side and the acceptance
from the man.
• The two parties to the contract: husband and
the guardian of the woman (wali).
• The presence of two witnesses
• Dowry.

6. Hanafi school
• Ijab & Qabul
only

7. Syafii school
• A male party
• A female party
• A wali
• Two witnessess
• Ijab & Qabul

8. (b) Law – Islamic Law
IFLAAct 1984 :
• Section 11
A marriage shall be void unless all
conditions necessary, according to
Hukum Syarak, for the validity
thereof are satisfied

9. Kelantan Islamic Family Enactment 1983
• Condition of marriage :
(a)Zaujun (husband)
(b)Zaujah (wife)
(c)Wali
(d)Two witness
(e)Ijab & Qabul

10. Conditions of the 5 pillars
• (a) Husband
Surah al Mumtahanan (6):10
O you who have believed, when the believing
women come to you as emigrants, examine
them. Allah is most knowing as to their faith.
And if you know them to be believers, then do
not return them to the disbelievers; they are
not lawful [wives] for them, nor are they
lawful [husbands] for them.

11. • Hadith in Malik al-Muwatta,
The Prophet (pbuh) told Ghailan Bin
Umayyah Attsagafi who embraced
Islam when he had ten wives :
“Choose four of them and divorce the
rest”

12. The Kelantan Law provides the
conditions of the husband as follows :
I. Muslim
II. Not within ihram haji or umrah
III. A specific man (ta’yin)
IV. Not having four wives
V. Not under duress (voluntarily)
VI. A man and not khunsa musykil

13. (b) Condition of wife
• And do not marry polytheistic women until
they believe. And a believing slave woman is
better than a polytheist, even though she
might please you. And do not marry
polytheistic men [to your women] until they
believe. And a believing slave is better than a
polytheist, even though he might please you –
( al-Baqarah : 221 )

14. The Kelantan Law provides the
conditions of the wife as follows
I. Muslim
II. A specific woman (ta’ayin)
III. Not a muhrim to the prospective husband
IV. Not a wife to another person
V. Not within the period of iddah
VI. Not within ihram haji or umrah

15. (c) wali
• The word ‘wali’ is taken from the Arabic word
Al-Wilayah meaning
• a) From the language perspective:
The willingness to act, manage or the
authority to administer something.
• b) From the terminology perspective:
Someone who possesses or has been granted
by syara’ the authority to perform a marriage
contract.

16. • Quran in (al Baqarah : 232 )
And when you divorce women and
they have fulfilled their term, do not
prevent them from remarrying their
[former] husbands if they agree
among themselves on an acceptable
basis.

17. Ibn Hiban; Ahmad
• Hadith :
The Prophet (pbuh) said “ there is no
marriage except where there is wali
and two witnesses who are just
(adil). Otherwise the marriage will be
invalid.

18. Conditions required of wali
I. A muslim
II. A man
III. Baligh (pass the age of puberty)
IV. Voluntarily and not under duress
V. Not fasik (reprobate person)
VI. Sound mind

19. (d) Witnessess
• Quran in surah al Baqarah : 282
And bring to witness two witnesses from
among your men. And if there are not
two men [available], then a man and two
women from those whom you accept as
witnesses - so that if one of the women
errs, then the other can remind her

20. Hadith Tirmizi, Mishkat-ul-Masabih,
Vol II, p 653
• Ibn Abbas reported that the
Prophet (pbuh) said : “ The
fornicatress are those who
marry by themselves without
witnesses”

21. Conditions required of witnesses
1. Not less than two person
2. Muslims
3. Sound mind
4. Baligh
5. Male
6. Can hear, speak, and see
7. Understand sighah ijab & qabul
8. Just

22. (e) Ijab and Qabul
• Sahih Muslim Kitab al-Hajj, Vol 2, p
615
“ Fear Allah concerning women! Verily
you have taken them on the security
of Allah and intercourse with them
has beem made lawful to you by
words of Allah”

23. In Kelantan Enactment,
a) Sighah ijab
- lafaz tazwij or nikah or the translation of both in
whatever language shall be used
- may be made by the wali himself or his
representatives
b) Sighah qabul
- an acceptance from the man himself or his
representatives after sighah ijab (offer) without
the insertion of any extraneous words or undue
delay

24. (c) Case
Ramli bin Abdul Rahman
V
Marlia Akmar Bt Ramli
wali
refused

25. Facts
• In Mahkamah Rendah Syariah Hulu Langat,
the court gave favour to the plantiff (Marlia),
allowing the P to get married to Kassim B.
Mukim, under the consent of wali Raja.
• P’s father (Ramli) applied to Mahkamah Tinggi
Syariah Shah Alam to annulled the marriage
on the ground :
• - no consent
• - had his own choice for the daughter

26. Judgment
• Mahkamah Tinggi Shah Alam held that the
refusal of the appellant (Ramli) to become the
wali mujbir was not on a valid reason.
• The appellant failed to prove that he had his
own choice of husband to be for the
respondent.
• The respondent marriage was valid.

27. • This case illustrated that a wali can only refused
to give consent on a valid reason.
• Hadith by the Prophet (pbuh):
‫له‬ ‫ولى‬ ‫ال‬ ‫من‬ ‫ولى‬ ‫السلطان‬
Meaning:
• “Sultan / King is the guardian for those who do
not have a guardian”.
• Narrated by Ahmad and Ashabul Sunan Al-
Arba`ah from Aishah.

28. A woman who has problems with her wali
to get married will require Wali
Hakim under the following conditions:
a) Wali refuses
b) Wali disappears / lost
c) Wali for a convert
d) Wali for an illegitimate child
e) Wali for a woman who does have wali
nasab

29. Section 13(b) Islamic Family Law Federal
Territory stated:
A Syarie’ Judge who has the authority in the area in
which the bride is staying or someone who has been
given the authority in general or specific for that
purpose by the Syarie’ Judge has, after a fair
investigation in front of everyone involved, given his
consent to the marriage by the Wali Hakim as stipulated
by the Syara’Laws, the agreement can be given to a
woman who has no wali nasab according to Syara’
Laws or if the wali cannot be found or if the wali
refuses to give his consent without justifiable causes.

30. (d) Opinion from others

31. • Merujuk kepada kamus istilah undang-undang keluarga
Islam ditulis oleh Dr Zaleha Kamaruddin dan Puan
Raihanah Abdullah, wali enggan atau wali `adhal
ialah wali yang telah diminta oleh seseorang
perempuan untuk menikahkannya dengan seorang
lelaki yang sekufu dan dia enggan menikahkannya
tanpa alasan. Dalam hal ini, hakim atau Qadhi berhak
menikahkannya, setelah ternyata kedua-duanya sekufu
dan wali tersebut telah diberi nasihat agar menarik balik
keengganannya itu. Sekiranya wali tersebut masih
enggan, maka hakim berhak menikahkan
perempuan tersebut, Inilah pendapat mazhab Syafie
dan Abu Hanifah yang muktamad. Manakala ulama lain
pula berpendapat bahawa perempuan tersebut boleh
dinikahkan oleh walinya yang lebih jauh hubungannya
(wali ab'ad).

32. (e) Conclusion
• A valid marriage is a marriage that
fulfilled all the conditions according to
Hukum Syarak.
• A wali cannot refused to give consent for
the marriage without a valid reason.

33. Thank you..