Source: Fatāwā Amunpuri by Shaykh Ghulām Mustafa Zaheer Amunpuri
❖ Question:
If a girl’s father refuses to marry her to a compatible (kufu’) man, can her sister carry out the marriage instead?
✿ Answer:
No, in the presence of the father, no other man—let alone a woman—can act as her guardian (walī).
➤ A woman can never serve as a walī in any case.
➤ A woman cannot conduct a marriage, neither for herself nor for another.
✦ Ḥadīth Evidence:
“لَا تُزَوِّجُ الْمَرْأَةُ الْمَرْأَةَ، وَلَا تُزَوِّجُ الْمَرْأَةُ نَفْسَهَا، وَالزَّانِيَةُ هِيَ الَّتِي تُنْكِحُ نَفْسَهَا بِغَيْرِ إِذْنِ وَلِيِّهَا“
📚 Sunan al-Dāraqutnī: 3539 – Authentic chain
Translation:
A woman may not perform a marriage for another woman, nor may she marry herself. A woman who marries without her guardian’s permission is a fornicator.
✔ Graded Ṣaḥīḥ by Ḥāfiẓ Ibn Ḥajar
📚 Fatḥ al-Bārī: 9/187
✦ Statements of the Salaf and Scholars:
Imām Ibn al-Mundhir said:
“None of the Companions are known to have disagreed with this ruling.”
📚 Ittiḥāf al-Mahrah: 15/566
The Seven Fuqahā’ of Madinah said:
“A woman may not perform a marriage contract, neither for herself nor for another woman.”
📚 Al-Sunan al-Kubrā li’l-Bayhaqī: 7/113 – Authentic chain
✅ Summary:
➤ The father remains the walī as long as he is alive and capable.
➤ No other man can act as a walī in his presence.
➤ A sister or any woman cannot act as a walī under any circumstances.
➤ This ruling is unanimous among the Ṣaḥābah and leading scholars.
