Those Who Say Separation is Not Enforced if Marriage Occurs Without a Guardian

Hazrat Bahriyah bint Hani narrates that I married Qaqa’ bin Shur. He gave me gold jewelry so that he could spend a night with me. Thus, he spent the night at my house. I placed a vessel of perfume (khaluq) near him. In the morning, the scent of khaluq was on his clothes. He said to me, “Because of this fragrance, you have caused my disgrace, as now everyone will know about this marriage.” I said, “Can any secret remain hidden from someone like me?” Then my rural father came and took Qaqa’ bin Shur to Hazrat Ali (may Allah be pleased with him). Hazrat Ali (may Allah be pleased with him) asked Qaqa’, “Did you consummate the marriage with your wife?” He replied, “Yes.” Upon this, Hazrat Ali (may Allah be pleased with him) declared the marriage valid.

Hazrat Mus'ab says that I asked Hazrat Musa bin Abdullah bin Yazid about this matter, so he said that it is permissible to marry off a woman without a guardian (wali).

Hazrat Muammar says that I asked Hazrat Zuhri whether a woman can marry without the permission of her guardian. He replied that if the husband is a suitable match for the wife, then it is permissible.

Hazrat Sha'bi says that if they are compatible, then it is permissible.

Hazrat Ali (may Allah be pleased with him) declared marriage without a guardian to be permissible and said that his mother can arrange his marriage with his permission.

Hazrat Abu Salamah bin Abdur Rahman narrates that a woman came to the service of the Holy Prophet ﷺ and said, "O Messenger of Allah! My cousin sent me a marriage proposal but my father rejected this proposal and married me somewhere I do not like." The Holy Prophet ﷺ called her father and asked him about this matter. He said, "I have married her off and did not intend any harm for her." The Holy Prophet ﷺ said to me, "Your marriage has not taken place. Go and marry whomever you wish."

Hazrat Abdur Rahman bin Yazid Ansari and Majma' bin Yazid Ansari narrate that a man named Khidam married off his daughter. The girl disliked the marriage arranged by her father. She came to the Messenger of Allah, peace and blessings be upon him, and mentioned the whole matter. The Prophet ﷺ rejected the marriage arranged by her father. Then marriage proposals came for her and she married Abu Lubabah bin Abdul Mundhir. The narrator Yahya bin Sa'id states that she was previously married (i.e., not a virgin).

16705 - And Yahya mentioned that (it reached him) (1) (that she was previously married) (2) (3).

Hazrat Qasim bin Muhammad narrates that Hazrat Aisha (may Allah be pleased with her) married Hafsa bint Abdur Rahman bin Abi Bakr to Mundhir bin Zubair. At that time, her father Abdur Rahman was absent. When Hazrat Abdur Rahman returned, he became very angry and said, "O servants of Allah! Is someone like me worthy of having decisions made about his daughters without his consent?" Upon this, Hazrat Aisha (may Allah be pleased with her) became angry and said, "Can people like Mundhir be refused?"

Hazrat Huzail narrates that a case came before Hazrat Ali (may Allah be pleased with him) regarding a woman whose maternal uncle and mother had arranged her marriage. Hazrat Ali (may Allah be pleased with him) declared the marriage valid. Hazrat Sufyan says that this is not permissible because they are not guardians. Hazrat Ali bin Salih says that it is permissible because when Hazrat Ali (may Allah be pleased with him) declared the marriage valid, he was in the position of a guardian.

16708 - He said: Sufyan said: It is not permissible because he is not a guardian.

16709 - Ali ibn Salih said: It is permissible because when Ali permitted it, he was in the position of the guardian.

Hazrat Hakam states that a case came before Hazrat Ali (may Allah be pleased with him) regarding a person who married someone without the permission of a guardian and had consummated the marriage. Hazrat Ali (may Allah be pleased with him) declared this marriage valid.