MUHAMMAD IQBAL Hafiz ABDUL WAHEED vs S.H.O., BATALA COLONY, FAISALABAD And Other Mrs. ASMA JEHANGIR And Other Muhammadan Law
This matter arises from petitions challenging conflicting judgments of the Lahore High Court concerning whether a Muslim marriage is void if solemnized without the consent of the bride's Wali at the time of Nikah. In the first instance, a learned Single Judge dismissed two writ petitions holding such marriages void, while in the second instance, a three-member Bench delivered a split decision holding such marriages valid. The core legal question involves the interpretation of Muhammadan Law regarding the necessity of a Wali's consent for the validity of a Muslim marriage. The Supreme Court found that the question involved is of great public importance requiring authoritative interpretation. Consequently, the Court granted leave to appeal in both petitions to settle the legal position on the matter.
- Is a marriage between Muslim couples void if it takes place without the consent of the Wali of the bride at the time of Nikah?
- Whether the consent of a Wali is a mandatory prerequisite for the validity of a Muslim marriage under Muhammadan Law?
ORDER
SAJJAD ALI SHAH, CJ.---In the first-named petition impugned judgment is passed by learned Single Judge of Lahore High Court whereby he has dismissed to writ petitions holding that marriage between Muslim couples is void if it has taken place without consent of Wali of bride at the the of Nikah.
2. In the second-named petition a three-member Bench of the Lahore High Court has given split decision of to to one holding that marriage of Muslim couple without consent of Wali of bride is valid.
3. Question involved in both the petitions is common and is of great public importance which requires interpretation.
4. We grant leave to appeal in both these petitions.