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مسند الحميدي
Musnad Humaydi
Hadiths of Aisha, Mother of the Believers (may Allah be pleased with her), from the Messenger of Allah (peace and blessings be upon him)
Hadith Number 230
Hadith 230
اُردوEn
230 - حَدَّثَنَا الْحُمَيْدِيُّ قَالَ: ثنا سُفْيَانُ، وَعَبْدُ اللَّهِ بْنُ رَجَاءٍ الْمُزَنِيُّ قَالَا: ثنا ابْنُ جُرَيْجٍ، عَنْ سُلَيْمَانَ بْنِ مُوسَي، عَنِ الزُّهْرِيِّ، عَنْ عُرْوَةَ بْنِ الزُّبَيْرِ، عَنْ عَائِشَةَ أَنَّ رَسُولَ اللَّهِ صَلَّي اللهُ عَلَيْهِ وَسَلَّمَ قَالَ: «أَيُّمَا امْرَأَةٍ نَكَحَتْ بِغَيْرِ إِذْنِ وَلِيِّهَا فَنِكَاحُهَا بَاطِلٌ، فَنِكَاحُهَا بَاطِلٌ، فَنِكَاحُهَا بَاطِلٌ فَإِنْ أَصَابَهَا فَلَهَا الْمَهْرُ بِمَا اسْتَحَلَّ مِنْ فَرْجِهَا، فَإِنِ اشْتَجَرُوا فَالسُّلْطَانُ وَلِيُّ مَنْ لَا وَلِيَّ لَهُ»
Mother of the Believers, Lady Aisha (may Allah be pleased with her), narrates: The Noble Prophet (peace and blessings be upon him) said: "Any woman who marries without the permission of her guardian, her marriage is invalid, her marriage is invalid, her marriage is invalid. If the man has intercourse with her, then the woman will receive the dowry because the man has made use of her private part. And if there is a dispute among them, then whoever has no guardian, the ruler is her guardian."
Explanation & Benefits
Shaykh Muhammad Ibrahim bin Basheer
Benefit:
From this hadith, it is understood that a marriage (nikah) without a guardian (wali) is invalid. Nowadays, many marriages are taking place in courts without a wali, whereas there is no doubt whatsoever that a marriage cannot take place without a wali. The marriages that are being conducted in courts without a wali are, in reality, not marriages at all; the boy and girl will spend their entire lives in fornication, and their children will be illegitimate. However, if there is a situation where the girl has no wali, then her wali is the ruler (hakim) of the time.
➊ Just as the consent of the girl is necessary in marriage (nikah), likewise the permission of her guardian (wali) is also necessary.
➋ A marriage without the permission of the wali is, according to the Shariah, unlawful; therefore, if the guardian refuses to give permission, separation between the husband and wife will be enforced.
➌ In the case of separation after consummation, it will be obligatory upon the man to pay the full dower (mahr).
➍ In an Islamic state, the ruler (king) has the right to intervene in matters of marriage (nikah), and likewise, the local authorities who are deputies of the ruler also possess this right. In current circumstances, such decisions are made by the courts, and this matter can also be resolved in a local council (panchayat).
➎ If a girl is an orphan and has no close relative who can look after her interests as a guardian, then in such a case, the Islamic state should act as her guardian. For further research and detail on the issue of guardianship (wilayah) in marriage, refer to the book “Mafroor Larkiyon Ka Nikah Aur Hamari Adalatein” by Hafiz Salahuddin Yusuf rahimahullah.
From this hadith, it is understood that a marriage (nikah) without a guardian (wali) is invalid. Nowadays, many marriages are taking place in courts without a wali, whereas there is no doubt whatsoever that a marriage cannot take place without a wali. The marriages that are being conducted in courts without a wali are, in reality, not marriages at all; the boy and girl will spend their entire lives in fornication, and their children will be illegitimate. However, if there is a situation where the girl has no wali, then her wali is the ruler (hakim) of the time.
➊ Just as the consent of the girl is necessary in marriage (nikah), likewise the permission of her guardian (wali) is also necessary.
➋ A marriage without the permission of the wali is, according to the Shariah, unlawful; therefore, if the guardian refuses to give permission, separation between the husband and wife will be enforced.
➌ In the case of separation after consummation, it will be obligatory upon the man to pay the full dower (mahr).
➍ In an Islamic state, the ruler (king) has the right to intervene in matters of marriage (nikah), and likewise, the local authorities who are deputies of the ruler also possess this right. In current circumstances, such decisions are made by the courts, and this matter can also be resolved in a local council (panchayat).
➎ If a girl is an orphan and has no close relative who can look after her interests as a guardian, then in such a case, the Islamic state should act as her guardian. For further research and detail on the issue of guardianship (wilayah) in marriage, refer to the book “Mafroor Larkiyon Ka Nikah Aur Hamari Adalatein” by Hafiz Salahuddin Yusuf rahimahullah.
Source: Musnad al-Humaydi: Commentary by Muhammad Ibrahim bin Bashir, Page: 230
