Musannaf Ibn Abi Shaybah

Hazrat Ikrimah bin Khalid (may Allah have mercy on him) narrates that once, various caravans gathered on a road. Among them, a previously married woman entrusted her matter to someone other than her guardian so that he could arrange her marriage with someone. That person arranged her marriage with a man. When Hazrat Umar (may Allah be pleased with him) came to know of this, he flogged both the one who married and the one who arranged the marriage, and separated them.

Hazrat Saeed bin Musayyib (may Allah have mercy on him) and Hasan (may Allah have mercy on him) say that if a woman marries without the permission of her guardian, separation will be enforced between them. Hazrat Qasim bin Muhammad says that if the guardians give permission, then it is permissible.

Hazrat Mus'ab (may Allah have mercy on him) says that I asked Ibrahim (may Allah have mercy on him) whether a woman can marry without the permission of her guardian. He remained silent. I asked Hazrat Salim bin Abi Al-Ja'd (may Allah have mercy on him), and he said that it is not permissible.

Hazrat Ibn Sirin (may Allah have mercy on him) says that if a woman is married off without the permission of her guardian, and then the guardian gives permission, then her marriage is valid.

Hazrat Bakr narrates that a woman contracted marriage without the permission of her guardian and without witnesses, so a letter regarding this matter was written to Hazrat Umar (may Allah be pleased with him). Hazrat Umar (may Allah be pleased with him) replied that she should be given one hundred lashes. Then he wrote letters to all the cities stating that any woman who marries without the permission of her guardian is like an adulteress.

A man from the people of Jazirah says that it is narrated from Hazrat Umar bin Abdul Aziz (may Allah have mercy on him) that a man arranged the marriage of a woman while she had another close guardian besides that man. Hazrat Umar bin Abdul Aziz (may Allah have mercy on him) rejected this marriage and said that the first right belongs to the guardian, then to the ruler.