Those Who Say Marriage is Not Valid Without a Guardian or Ruler

It is narrated from Hazrat Aisha (may Allah be pleased with her) that the Messenger of Allah (peace and blessings be upon him) said: The marriage of a woman who marries without the permission of her guardian or guardians is invalid, her marriage is invalid, her marriage is invalid. If her husband has benefited from her, then the woman will receive a dowry equal to the benefit he has taken. If there is a disagreement among the guardians, then the Sultan is the guardian of the one who has no guardian.

Hazrat Abdur Rahman bin Ma’bad narrates that Hazrat Umar (may Allah be pleased with him) annulled a marriage that was conducted without the permission of the woman’s guardian.

Hazrat Umar (may Allah be pleased with him) said that marriage does not take place without a guardian (wali).

Hazrat Sha'bi states that among all the companions, Hazrat Ali (may Allah be pleased with him) was the strictest regarding the matter of marriage without a guardian (wali). He used to punish those who did so.

Ibn Abbas (may Allah be pleased with them) narrates that a marriage does not take place without a guardian or a wise ruler.

Hazrat Jabir bin Zaid says that a marriage does not take place without a guardian and two witnesses.

Ibrahim says that marriage does not take place without a guardian (wali).

Hasan used to say that marriage does not take place without a guardian or a ruler.

Hazrat Sha'bi says that a woman's marriage will be contracted only with the permission of her guardian; if she has no guardian, then the ruler is her guardian.

It is also narrated similarly from Ibrahim.

Hazrat Umar (may Allah be pleased with him) says that even if a woman marries ten times, her marriage will only be valid with the permission of her guardian or the permission of the ruler.

Hasan (may Allah have mercy on him) and Ibn Sirin (may Allah have mercy on him) were asked: If a woman has no guardian, then who will be her guardian? Hasan replied: The ruler. And Ibn Sirin (may Allah have mercy on him) said: Any Muslim.

16677 - Ibn Sirin said: A man from among the Muslims.

Ibrahim and Hazrat Sha’bi state that a woman’s marriage cannot take place without the permission of her guardian, and her guardian will not arrange her marriage without her consent.

Hazrat Tawus narrates that a pregnant woman was brought to Hazrat Umar (may Allah be pleased with him). She said that her husband had married her. The husband said that he had married her by making his mother and his sister witnesses. Hazrat Umar (may Allah be pleased with him) separated the two and dropped the prescribed punishment from them, and said that a marriage does not take place without the permission of a guardian (wali).

Hazrat Ali (may Allah be pleased with him) says that marriage does not take place without the permission of a guardian, nor does marriage take place without witnesses.

It is narrated from Hazrat Aisha (may Allah be pleased with her) that the Messenger of Allah (peace and blessings be upon him) said: "There is no marriage without the permission of a guardian, and whoever has no guardian, then the ruler is her guardian."

Hasan (may Allah have mercy on him) said that a marriage does not take place without the permission of the guardian, without two just witnesses, without a known dowry (mahr), and without witnesses being present openly.

Hazrat Mu'tamir's father says that I asked Hasan: If a girl has no guardian and someone sends her a marriage proposal, can her neighbor arrange her marriage? Hasan replied that she should speak to the ruler of the time. I asked: What if she does not have access to him? He replied that she should appoint someone to speak to the ruler on her behalf. I asked: What if she does not have access to him either? He replied: I do not know more than this. I asked: Can a judge arrange her marriage? He replied: Yes, in that case the judge can arrange it. However, Hasan allowed this as a concession for the judge.

Hazrat Ziyad says that when the guardian and the girl's mother agree, both should arrange her marriage, and if there is a disagreement, the statement of the guardian will be considered valid.

Hazrat Abu Burdah narrates from his father that the Messenger of Allah (peace be upon him) said: "There is no marriage without the permission of a guardian."

Hazrat Ibn Abbas (may Allah be pleased with them) says that there should be at least four people present at a marriage: the one who conducts the marriage, the one who marries, and two witnesses.

It is narrated from Hazrat Abu Burdah (may Allah be pleased with him) that the Messenger of Allah (peace and blessings be upon him) said: "There is no marriage without the permission of a guardian."

Hazrat Nafi' narrates that when Hazrat Ibn Umar (may Allah be pleased with them) intended to marry, he took one man with him and the guardian brought one man with him.

Ibrahim says that there must be at least four people present at a marriage: the one getting married, the one conducting the marriage, and two witnesses.