The validity of a marriage based on lies and deception
5-4-2014 | IslamWeb
Question:
AssalmuAlaikum respected Shaikh,my self Masoom Raza from India my question is regarding Nikah (marriage ) one of my relative who is 20 years of age came in contact with a girl through Facebook she told her that she is a Daee the boy impresed with her and they started caling each other by moble phone,The boy and the girl fixed there Nikah on phone without permission of theire parent.the boy told her family that he is going to a particlar city for his higer studies and.befor one day of Nikah girls tell the boy that she is a divrced women the boy said he is not mind regarding the past of the girl and gave her example of mother Khadeeja (may Allah pleased with her)and reached her house when he saw the women he got sockhed becouse she is near about 50 years of age and have 6 childrens the eldest son of that women is elder then the boy to whome she want ot Nikah the boy refuse to marry her but women insist him that he has to do Nilkah the boy was so afraid becouse he is alone in that city the women call the Imam of local Mosque and her 3 servent and perfomed the Nikah in her house and fixed the "Maher"3 lakh indian rupees when boy objected that she told him that this is only to say she will never ask the Maher.after few days the boy escaped from her city and came to his own city and tell every thing to his family.so I want to ask that can Nikah without the consent of parents is valid?second can a women arrenge her own Nilkah?third such Nikah is valid becouse this relation is based on fals and lying. Thank you in anticipation
Answer:
All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad 
is His Slave and Messenger.
The permission or consent of the parents is not among the conditions for the validity of the marriage contract for the man, as we explained in Fatwa 114903.
As for the woman, scholars held different opinions regarding whether the Wali (guardian) is a condition for the validity of the marriage contract. The majority of scholars held that having a Wali is a condition for validity. Imaam Abu Haneefah held that it is not a condition. Therefore, according to the Hanafi School of Fiqh, the marriage contract is valid and the lying and deceit on part of the woman does not affect the validity of the marriage.
If this young man does not wish to retain her as his wife, he may divorce her and should not leave the matter unsettled.
We would like to stress the danger of interaction between males and females who are strangers to each other on the Internet or any other means of communication. This is a cause of corruption even if the intention is getting to know one another for the purpose of marriage as underlined in Fatwa questions 85035 and 88434.
Allaah Knows best.