Those who said: there is no marriage except with a guardian or a ruler

It is narrated from Sayyidah Aishah (may Allah be pleased with her) that the Messenger of Allah (peace and blessings be upon him) said: "Any woman who marries without the permission of her guardian or guardians, her marriage is void, her marriage is void, her marriage is void. If her husband has had intercourse with her, she is entitled to her dowry (mahr) in return for what he made lawful for himself from her. If the guardians dispute, then the ruler is the guardian of the one who has no guardian."

Abd al-Rahman bin Ma'bad said that Sayyiduna Umar (may Allah be pleased with him) rejected the marriage of a woman that had been contracted without the permission of her guardian.

Sayyiduna Umar (may Allah be pleased with him) said: There is no marriage without a guardian.

Al-Sha'bi said: Among all the Companions, the strictest in the matter of marriage without a guardian was Sayyiduna Ali (may Allah be pleased with him). He used to beat people for doing so.

Sayyiduna Ibn Abbas (may Allah be pleased with them both) said: There is no marriage without a guardian or a rightly-guided ruler.

Jabir bin Zayd said: There is no marriage without a guardian and two witnesses.

Ibrahim said: There is no marriage without a guardian.

Al-Hasan used to say: There is no marriage without a guardian or the ruler.

Al-Sha'bi said: A woman's marriage is only valid with the permission of her guardian; if she has no guardian, then the ruler is her guardian.

The same is also reported from Ibrahim.

Sayyiduna Umar (may Allah be pleased with him) said: Even if a woman marries ten times, her marriage can only take place with the permission of her guardian or the permission of the ruler.

Al-Hasan (may Allah have mercy on him) and Ibn Sirin (may Allah have mercy on him) were asked: If a woman from the people of the Sawad (the countryside) has no guardian, who will be her guardian? Al-Hasan said: "The ruler."

And Ibn Sirin said: "A man from among the Muslims."

Ibrahim and al-Sha'bi said: A woman cannot be married without the permission of her guardian, and her guardian shall not marry her off without her consent.

Tawus said: A pregnant woman was brought to Sayyiduna Umar (may Allah be pleased with him). She said: "My husband married me." The husband said: "I married her with my mother and my sister as witnesses." Sayyiduna Umar (may Allah be pleased with him) separated them, waived the prescribed punishment (hadd) from them, and said: "There is no marriage without the permission of a guardian."

Sayyiduna Ali (may Allah be pleased with him) said: There is no marriage without the permission of a guardian, and there is no marriage without witnesses either.

It is narrated from Sayyidah Aishah (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 the ruler is the guardian of the one who has no guardian."

Al-Hasan (may Allah have mercy on him) said: There is no marriage without the permission of a guardian, without two upright witnesses, without a known dowry (sadaqah), that is, the mahr, and without public witnesses.

The father of Mu'tamir said: I asked al-Hasan: "If a girl has no guardian and a man proposes to her, can a neighbour of hers marry her off?" Al-Hasan said: "She should go to the governor." I said: "What if she is unable to do that?" He said: "Then she should ask a man to speak to the governor on her behalf." I said: "What if she is unable to do even that?" He said: "I know nothing beyond that." I said: "Can the judge (qadi) marry her off?" He said: "Yes, in that case the judge can." However, al-Hasan regarded the judge as a concession.

Ziyad said: If the guardian and the girl's mother agree, they both should marry her off; and if they disagree, the guardian's word will prevail.

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

Sayyiduna Ibn Abbas (may Allah be pleased with them both) said: In a marriage there should be at least four people: the one who gives in marriage, the one who marries, and two witnesses.

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

Nafi' said: Sayyiduna Ibn Umar (may Allah be pleased with them both) intended to marry, so he went taking a man with him, and the guardian came bringing a man with him.

Ibrahim said: In a marriage there must be at least four people: the one who marries, the one who gives in marriage, and two witnesses.