A woman who marries without a guardian

Ikrimah bin Khalid (may Allah have mercy on him) said: Once various caravans gathered on a road. A previously married woman among them entrusted her affair to a man other than her guardian, so that he would marry her off to someone. He married her to a man. When Sayyiduna Umar (may Allah be pleased with him) learned of it, he flogged the one who married and the one who gave her in marriage, and separated them.

Sa'id bin al-Musayyib (may Allah have mercy on him) and al-Hasan (may Allah have mercy on him) said: If a woman marries without the permission of her guardian, they are to be separated.

And al-Qasim bin Muhammad said: If the guardians approve it, then it is valid.

Mus'ab (may Allah have mercy on him) said: I asked Ibrahim (may Allah have mercy on him): "Can a woman marry without the permission of a guardian?" He remained silent.

He said: And I asked Salim bin Abi al-Ja'd, and he said: "It is not permissible."

Ibn Sirin (may Allah have mercy on him) said: When a woman is married without the permission of a guardian, and then the guardian gives his permission, her marriage is valid.

Bakr said: A woman married without the permission of a guardian and without witnesses, so a letter was written to Sayyiduna Umar (may Allah be pleased with him) about it. Sayyiduna Umar (may Allah be pleased with him) wrote in reply that she was to be given a hundred lashes. Then he wrote to all the cities: "Any woman who marries without the permission of a guardian is like an adulteress."

A man from the people of al-Jazirah said that it is narrated from Umar bin Abd al-Aziz (may Allah have mercy on him) that a man married off a woman while she had another guardian closer to her than him, who was at the Byzantine frontier passes. Umar bin Abd al-Aziz (may Allah have mercy on him) rejected that marriage and said: "The right belongs first to the guardian, and then to the ruler."