Marriage in Pakistan is considered the most sacred deed and daily thousands of couples tie the knot for the rest of their lives. However, there has always been a debate among folks about court marriage without a guardian. Marriages done without a “wali” or guardian are regarded as invalid according to many but the question still remains unanswered and no one knows for sure whether they can get married without the permission of their guardian or not. We have tried to answer the same question in this article so hang in there and you will get a clear answer.
The Concept of “Wali” and Guardian in Islam
According to the teachings of Islam, a “Wali” or guardian is someone who is needed at the time of marriage and without his permission a woman cannot get married. A woman’s guardian is her father or her grandfather or her maternal uncle or her brother. The guardian basically has to be a “mahram” of the woman that is getting married. In the absence of a father, any “mahram” who is taking care of the girl will automatically become the guardian. Islam discourages marriages without Guardian’s permission. However, scholars have mixed opinions about where the father or guardian is not allow the girl to get married out of her own freewill.
The Concept of Guardian in Muslim Family Laws
The concept of guardian in Pakistani law is the same as that of the Islamic point of view. So the law also encourages the couple to get permission from the guardian before getting court marriage and also the presence of the guardian at the time of Nikah. However, if the father does not let the girl marry without any his permission, according to the law he cannot stop the marriage. He can even be called upon by the court in case he is stubborn and holds no solid grounds for denying the court marriage.
How to get Court Marriage without a Guardian in Pakistan?
Although it's not ethically right, if your father or guardian has an ego and is not letting
you marry the partner of your choice just because of his stubborn nature, you can
still get court marriage with you own freewill. Yes, it's legal to get married without the
consent of your guardian, but then you would have to marry through court.
If you opt for a court marriage, you will have to run away from the home to get
married in case your "Wali" is not supporting the marriage. So you will call a family
lawyer and the lawyer will carry out all the court marriage procedures on your behalf
and, if you do not have a lawyer beforehand, you can go directly to court and get
married in the marriage registrar office.
In addition, the court will provide you with the witnesses and you just have to get
your documents including the CNIC of both girl and the boy, passport-size photos
and birth certificates. You also should be eligible to get married and should have
attained the legal age of marriage i.e. 18 for boys and 16 for girls. for more details
about Karachi court marriage click links below.