Hadith 836
اُردوEn
وعن عائشة قالت : قال رسول الله صلى الله عليه وآله وسلم : « أيما امرأة نكحت بغير إذن وليها فنكاحها باطل ، فإن دخل بها فلها المهر بما استحل من فرجها ، فإن اشتجروا فالسلطان ولي من لا ولي له ». أخرجه الأربعة إلا النسائي ، وصححه أبو عوانة وابن حبان والحاكم.
Narrated 'Aishah (RA): Allah's Messenger (ﷺ) said: "If anyone married without the consent of her guardian, her marriage is invalid. If there is cohabitation, she is entitled to the dowry, due to the sexual intercourse made lawful with her. If there is a dispute (between her guardian), the ruler is the guardian of one who has no guardian." [Reported by al-Arba'a except an-Nasa'i. Abu 'Awanah, Ibn Hibban and al-Hakim graded it Sahih (authentic)].
Related hadith on this topic
Explanation & Benefits
Shaykh Safi ur-Rahman Mubarakpuri
Takhrij:
«أخرجه أبوداود، النكاح، باب في الولي، حديث:2083، والترمذي، النكاح، حديث:1102، وابن ماجه،النكاح، حديث:1879، وأحمد:6 /166، وابن حبان (الإحسان):6 /151، حديث:4063، والحاكم:2 /168.»©Explanation:
➊ This hadith is evidence for making guardianship (wilayah) a condition, that a woman cannot contract her own marriage under any circumstance. This is the position of the majority, and it is supported by hadiths of this meaning. In *Subul al-Salam*, it is mentioned that Imam Hakim states: Authentic narrations regarding this issue have been transmitted from the Mothers of the Believers—Aisha, Umm Salamah, and Zaynab bint Jahsh (radi Allahu anhunna). He also states that narrations of this meaning are also reported from Ali (radi Allahu anhu) and Ibn Abbas (radi Allahu anhuma). Then, in this context, he has enumerated thirty Companions (radi Allahu anhum). (*Subul al-Salam*)
➋ The Hanafis do not consider guardianship (wilayah) to be a condition at all, as long as the woman marries someone of equal status (kufu’). They have adopted this position by analogy (qiyas) with sale transactions. However, it is well known that analogy has no standing in the face of a textual proof (nass). Some of these hadiths have been subjected to undue discussion and criticism by them (the Hanafis). And some individuals, who in reality have no insight into this discipline, have raised baseless objections against these hadiths, which hold no weight.
«أخرجه أبوداود، النكاح، باب في الولي، حديث:2083، والترمذي، النكاح، حديث:1102، وابن ماجه،النكاح، حديث:1879، وأحمد:6 /166، وابن حبان (الإحسان):6 /151، حديث:4063، والحاكم:2 /168.»©Explanation:
➊ This hadith is evidence for making guardianship (wilayah) a condition, that a woman cannot contract her own marriage under any circumstance. This is the position of the majority, and it is supported by hadiths of this meaning. In *Subul al-Salam*, it is mentioned that Imam Hakim states: Authentic narrations regarding this issue have been transmitted from the Mothers of the Believers—Aisha, Umm Salamah, and Zaynab bint Jahsh (radi Allahu anhunna). He also states that narrations of this meaning are also reported from Ali (radi Allahu anhu) and Ibn Abbas (radi Allahu anhuma). Then, in this context, he has enumerated thirty Companions (radi Allahu anhum). (*Subul al-Salam*)
➋ The Hanafis do not consider guardianship (wilayah) to be a condition at all, as long as the woman marries someone of equal status (kufu’). They have adopted this position by analogy (qiyas) with sale transactions. However, it is well known that analogy has no standing in the face of a textual proof (nass). Some of these hadiths have been subjected to undue discussion and criticism by them (the Hanafis). And some individuals, who in reality have no insight into this discipline, have raised baseless objections against these hadiths, which hold no weight.
Source: Bulugh al-Maram: Commentary by Safiur Rahman Mubarakpuri, Page: 836
Maulana Ataullah Sajid
Benefits and Issues:
➊ Just as the consent of the girl is necessary in marriage, likewise the permission of her guardian (wali) is also necessary, as is indicated in hadith 1870.
➋ A marriage without the permission of the guardian (wali) is legally invalid according to the Shari‘ah; therefore, if the guardian refuses to give permission, separation will be enforced between the husband and wife.
➌ In the case where separation occurs after consummation, it is obligatory upon the man to pay the full dower (mahr).
➍ In an Islamic state, the ruler has the right to intervene in matters of marriage. Similarly, the local authorities who are deputies of the ruler also possess this right. In current circumstances, such matters are decided by the courts. This issue can also be resolved in a local council (panchayat).
➎ If a girl is orphaned and has no close relative who can look after her interests as a guardian, then in such a case, the Islamic state should assume the role of guardian.
➏ For further research and details on the issue of guardianship (wilayah) in marriage, refer to the book “Mafroor Larkiyon Ka Nikah Aur Hamari Adalatein” by Hafiz Salahuddin Yusuf rahimahullah.
➊ Just as the consent of the girl is necessary in marriage, likewise the permission of her guardian (wali) is also necessary, as is indicated in hadith 1870.
➋ A marriage without the permission of the guardian (wali) is legally invalid according to the Shari‘ah; therefore, if the guardian refuses to give permission, separation will be enforced between the husband and wife.
➌ In the case where separation occurs after consummation, it is obligatory upon the man to pay the full dower (mahr).
➍ In an Islamic state, the ruler has the right to intervene in matters of marriage. Similarly, the local authorities who are deputies of the ruler also possess this right. In current circumstances, such matters are decided by the courts. This issue can also be resolved in a local council (panchayat).
➎ If a girl is orphaned and has no close relative who can look after her interests as a guardian, then in such a case, the Islamic state should assume the role of guardian.
➏ For further research and details on the issue of guardianship (wilayah) in marriage, refer to the book “Mafroor Larkiyon Ka Nikah Aur Hamari Adalatein” by Hafiz Salahuddin Yusuf rahimahullah.
Source: Commentary on Sunan Ibn Mājah by Mawlānā ‘Atā’ullāh Sājid, Page: 1879
