Source: Fatāwā Muḥammadiyyah, Volume 1, Page 751
❖ Question:
I, Ghulām Qādir, son of Miyan Qamar, resident of Chak No. 14/1-R, Tehsil and District Okara, seek guidance on a Sharʿī matter:
My real daughter, Ms. Nazīrān Bībī, was married without my consent. The matter unfolded as follows:
Nazīrān Bībī went to visit her paternal aunt (phuphi), who then deceived her and arranged her marriage with her own son Amīr, son of Nūr, resident of Chak No. 35/2-R, Okara.
This marriage took place 7 months ago.
However, Nazīrān was not willing to marry him, nor did she wish to live with him. Likewise, the man himself had no interest in establishing a household with her. Eventually, one day, Nazīrān returned to her parents’ home. She has now been living with us for the past 4 months.
Given these circumstances, I request a ruling from the scholars:
Is Nazīrān Bībī now eligible for a new nikāḥ?
Please answer in light of the Qur’ān and Sunnah.
❖ Answer:
الحمد لله، والصلاة والسلام علىٰ رسول الله، أما بعد!
If the question has been accurately presented, then based on Islamic law:
◈ A woman is not permitted to contract her own marriage,
◈ nor can she act as a guardian (walī) on behalf of another woman.
◈ For a nikāḥ to be valid, the permission of a rightful guardian (walī murshid) is a compulsory condition.
❖ Evidence from the Qur’an and Sunnah:
✦ From Ṣaḥīḥ al-Bukhārī:
“There is no marriage without a guardian, based on the verses:
﴿فَلَا تَعْضُلُوهُنَّ﴾ [Al-Baqarah: 232]
﴿وَلَا تُنكِحُوا الْمُشْرِكِينَ حَتَّىٰ يُؤْمِنُوا﴾ [Al-Baqarah: 221]
﴿وَأَنكِحُوا الْأَيَامَىٰ مِنكُمْ﴾ [Al-Nūr: 32]”
(Ṣaḥīḥ al-Bukhārī, Vol. 2, p. 769)
These verses affirm the guardian’s role in marriage. If a guardian had no authority, then these divine commands would be rendered meaningless.
❖ Hadith Evidences:
➊ Ḥadīth of Abū Mūsā al-Ashʿarī رضي الله عنه:
“لَا نِكَاحَ إِلَّا بِوَلِيٍّ“
“There is no valid marriage except with a guardian.”
(Nayl al-Awṭār, Vol. 3, p. 117)
This authentic hadith supports the consensus of the majority of scholars that a guardian’s permission is essential for a valid marriage. Without it, the marriage is invalid.
➋ Ḥadīth of ʿĀʾishah رضي الله عنها
“أَيُّمَا امْرَأَةٍ نَكَحَتْ بِغَيْرِ إذْنِ وَلِيِّهَا، فَنِكَاحُهَا بَاطِلٌ…”
“Any woman who marries without the consent of her guardian — her marriage is invalid…”
(Subul al-Salām, Vol. 3, p. 118)
If consummation occurs despite this, the woman is entitled to the mahr (dowry), but the marriage itself is null and void.
➌ Ḥadīth of Abū Hurayrah رضي الله عنه:
“لَا تُزَوِّجُ الْمَرْأَةُ الْمَرْأَةَ، وَلَا تُزَوِّجُ الْمَرْأَةُ نَفْسَهَا“
“A woman may not marry off another woman, nor may she marry herself off.”
(Subul al-Salām, Vol. 2, p. 120)
Imām Muḥammad bin Ismāʿīl al-Amīr al-Yamānī explains that this hadith proves women have no authority of guardianship (wilāyah) in marriage — neither for themselves nor for others. Any marriage contracted under such circumstances is invalid.
✅ Final Verdict:
✿ Based on the details of the question, the marriage of Nazīrān Bībī was never valid in the first place, because:
✔ Her primary guardian (father) was not informed,
✔ Nor did he grant permission,
✔ And the girl herself was not willing.
✿ Therefore, this marriage is null and void, and Nazīrān Bībī is Islamically eligible for a new, valid nikāḥ.
✿ Additionally, the action taken by her paternal aunt (phuphi) is against the Sharīʿah and religiously impermissible.
✿ However, from a legal and procedural standpoint, it is necessary to obtain a formal annulment (faskh) or documentation through a competent court before proceeding with a new marriage.
هَذَا مَا عِندِي، وَاللَّهُ أَعْلَمُ بِالصَّوَابِ
This is what I hold to be correct, and Allah knows best.
