Source: Fatāwā Amunpūrī by Shaykh Ghulām Muṣṭafā Ẓahīr Amunpūrī
❀ The Seven Jurists (al-Fuqahāʾ al-Sabʿah) stated:
لَا تَعْقِدُ امْرَأَةٌ عُقْدَةَ النِّكَاحِ فِي نَفْسِهَا وَلَا فِي غَيْرِهَا
“A woman cannot contract her own marriage, nor the marriage of another woman.”
❀ ʿAllāmah Ibn Taymiyyah رحمه الله (d. 728 AH) wrote regarding the condition of a walī’s permission in marriage:
“The evidence for this exists repeatedly in the Qur’an and the Sunnah. This was the practice of the Companions: men used to solemnize the marriages of women. It has not been established that any woman (in that era) contracted her own marriage. Through this principle, a distinction is made between marriage and unlawful relationships.”
❀ ʿAllāmah Ibn Qudāmah al-Maqdisī رحمه الله (d. 620 AH) wrote:
إِنَّ النِّكَاحَ لَا يَصِحُّ إِلَّا بِوَلِيٍّ، وَلَا تَمْلِكُ الْمَرْأَةُ تَزْوِيجَ نَفْسِهَا وَلَا غَيْرِهَا، وَلَا تَوْكِيلَ غَيْرِ وَلِيِّهَا فِي تَزْوِيجِهَا، فَإِنْ فَعَلَتْ لَمْ يَصِحَّ النِّكَاحُ
“Marriage is not valid except with a walī. A woman does not have the authority to marry herself or another woman, nor may she appoint anyone other than her walī to arrange her marriage. If she does so, the marriage will not be valid.”
❀ Shāh Walīullāh al-Dehlawī رحمه الله explained the wisdom behind requiring a walī’s permission in marriage:
“The condition of a walī in marriage elevates the status of guardians. For women to conduct marriage independently leads to their humiliation, diminished modesty, boldness toward men, and lack of restraint. Moreover, marriage must be clearly distinguished from immorality through public recognition, and the greatest right in this public recognition belongs to the presence of guardians.”
Question
If the mother of a three-year-old girl passes away and the maternal grandmother (nānī) raises her until puberty, can the grandmother become the girl’s walī (guardian) in marriage?Answer
In marriage, a woman does not possess the right of guardianship (wilāyah). Even a mother cannot become the walī of her daughter. This right belongs only to men.❀ The Seven Jurists (al-Fuqahāʾ al-Sabʿah) stated:
لَا تَعْقِدُ امْرَأَةٌ عُقْدَةَ النِّكَاحِ فِي نَفْسِهَا وَلَا فِي غَيْرِهَا
“A woman cannot contract her own marriage, nor the marriage of another woman.”
Reference: al-Sunan al-Kubrā lil-Bayhaqī: 7/113 – its chain is ḥasan
❀ ʿAllāmah Ibn Taymiyyah رحمه الله (d. 728 AH) wrote regarding the condition of a walī’s permission in marriage:
“The evidence for this exists repeatedly in the Qur’an and the Sunnah. This was the practice of the Companions: men used to solemnize the marriages of women. It has not been established that any woman (in that era) contracted her own marriage. Through this principle, a distinction is made between marriage and unlawful relationships.”
Reference: Majmūʿ al-Fatāwā: 32/131
❀ ʿAllāmah Ibn Qudāmah al-Maqdisī رحمه الله (d. 620 AH) wrote:
إِنَّ النِّكَاحَ لَا يَصِحُّ إِلَّا بِوَلِيٍّ، وَلَا تَمْلِكُ الْمَرْأَةُ تَزْوِيجَ نَفْسِهَا وَلَا غَيْرِهَا، وَلَا تَوْكِيلَ غَيْرِ وَلِيِّهَا فِي تَزْوِيجِهَا، فَإِنْ فَعَلَتْ لَمْ يَصِحَّ النِّكَاحُ
“Marriage is not valid except with a walī. A woman does not have the authority to marry herself or another woman, nor may she appoint anyone other than her walī to arrange her marriage. If she does so, the marriage will not be valid.”
Reference: al-Mughnī: 6/149
❀ Shāh Walīullāh al-Dehlawī رحمه الله explained the wisdom behind requiring a walī’s permission in marriage:
“The condition of a walī in marriage elevates the status of guardians. For women to conduct marriage independently leads to their humiliation, diminished modesty, boldness toward men, and lack of restraint. Moreover, marriage must be clearly distinguished from immorality through public recognition, and the greatest right in this public recognition belongs to the presence of guardians.”
Reference: Ḥujjatullāh al-Bālighah: 2/127
