Question:
If an adult woman contracts her marriage within her social equivalence without the permission of her guardian, what is the ruling?
Answer:
The permission and consent of the guardian is absolutely necessary, whether the bride is an adult or a minor, virgin or previously married, whether the marriage is equal (kufu) or unequal (ghair kufu). Without the guardian’s permission, the marriage is not valid; such a marriage is void.
Sayyida Aisha (may Allah be pleased with her) narrates that the Messenger of Allah (peace be upon him) said:
أيما امرأة نكحت بغير إذن وليها فنكاحها باطل، فنكاحها باطل، فنكاحها باطل، فإن دخل بها فلها مهرها بما استحل من فرجها، فإن تشاجروا فالسلطان ولي من لا ولي له
A woman who marries without the permission of her guardian, her marriage is invalid, her marriage is invalid, her marriage is invalid. If a man consummates the marriage with her, then the woman will be entitled to the mahr (dower) as compensation for making her private parts lawful for the man. And if there is a dispute among the guardians (other than the father), then the ruler of the time is her guardian, and whoever has no guardian.
Imam Tirmidhi (may Allah have mercy on him) and Hafiz Ibn Asakir (may Allah have mercy on him) graded this hadith as Hasan, while Imam Ibn Al-Jarood (may Allah have mercy on him), Imam Abu Awana (may Allah have mercy on him), Imam Ibn Khuzaymah (may Allah have mercy on him), Imam Ibn Hibban (may Allah have mercy on him), Hafiz Bayhaqi (may Allah have mercy on him), Hafiz Ibn Al-Jawzi (may Allah have mercy on him), and Imam Hakim (may Allah have mercy on him) declared it Sahih.
Hafiz Abu Musa Al-Madini (may Allah have mercy on him) says: This is a famous, established, and authoritative hadith.
Hafiz Ibn Hajar (may Allah have mercy on him) called it Hasan.
Hafiz Bayhaqi (may Allah have mercy on him) writes: All narrators are trustworthy and memorisers.
Imam Ibn ‘Adi (may Allah have mercy on him) states: There is no marriage without the guardian’s permission; this great hadith is relied upon to declare a marriage without a guardian invalid.
