Excerpted from the book “Ahkām wa Masā’il – In the Light of Qur’ān and Sunnah” by Shaykh Mubashar Ahmad Rabbānī
Can a woman act as the walī (guardian) in the marriage of her daughter, while the girl’s father is still alive? Please explain the ruling in light of Qur’ān and Sunnah.
A guardian (walī) is required for the validity of a woman’s marriage, and this walī must be a male.
The mother cannot act as a walī, even for her own daughter, especially while the father is present.
لَا نِكَاحَ إِلَّا بِوَلِيٍّ
Abū Dāwūd, Kitāb an-Nikāḥ, Bāb fī al-Walī (2085); Ibn Mājah (1881); Tirmidhī (1101); Ḥākim (2/169)
“There is no marriage without a guardian.”
✔ This ḥadīth has been authenticated by Imām Tirmidhī, Ibn Ḥibbān (6075–2078), and al-Ḥākim.
أَيُّمَا امْرَأَةٍ نَكَحَتْ بِغَيْرِ إِذْنِ وَلِيِّهَا فَنِكَاحُهَا بَاطِلٌ
Abū Dāwūd (2083); Tirmidhī (1102); Ibn Ḥibbān (4074); al-Ḥākim (2/168, Ḥadīth 2706)
“Any woman who marries without the permission of her walī—her marriage is invalid.”
✔ This narration has also been authenticated by Imām Ibn Ḥibbān and al-Ḥākim.
✔ Shaykh al-Islām Dhikrullāh Anṣārī رحمه الله says:
“This ḥadīth proves that a marriage conducted without a walī is invalid.”
Fatḥ al-ʿAllām, p. 512
لَا تُزَوِّجُ الْمَرْأَةُ الْمَرْأَةَ، وَلَا تُزَوِّجُ الْمَرْأَةُ نَفْسَهَا
Ibn Mājah, Kitāb an-Nikāḥ, Bāb Lā Nikāḥ Illā Bi-Walī (1882); Dāraquṭnī (3/227); al-Bayhaqī (7/110)
“A woman must not marry another woman off, nor may she marry herself off.”
✔ Shaykh al-Islām Dhikrullāh Anṣārī رحمه الله graded this ḥadīth as ṣaḥīḥ according to the conditions of Bukhārī and Muslim.
Fatḥ al-ʿAllām, p. 531
A woman cannot marry off herself,
nor can she marry off another woman—even her own daughter.
Guardianship (wilāyah) is a right and duty assigned only to male relatives, starting with the father, then the grandfather, and so on.
➤ Women who flee their homes and conduct their own marriages without a walī not only violate the objectives of Islamic law, but also bring disgrace upon their parents and families.
➤ Such actions are not only sinful but shameful, contradicting the honor and dignity Islam has ordained for women.
Allāh Taʿālā has given us a perfect system of life through the Sharīʿah.
Adhering to these divine principles brings peace and honor in both this world and the Hereafter.
Living life against the Sharīʿah leads only to disgrace and destruction.
May Allah keep us firm upon the straight path and grant us death upon the truth.
Āmīn
❖ Question:
Can a woman act as the walī (guardian) in the marriage of her daughter, while the girl’s father is still alive? Please explain the ruling in light of Qur’ān and Sunnah.
❖ Answer:
A guardian (walī) is required for the validity of a woman’s marriage, and this walī must be a male.
The mother cannot act as a walī, even for her own daughter, especially while the father is present.
✿ Evidences from the Sunnah:
① Abū Mūsā al-Ashʿarī رضي الله عنه narrates:
◈ Arabic Text:
لَا نِكَاحَ إِلَّا بِوَلِيٍّ
Abū Dāwūd, Kitāb an-Nikāḥ, Bāb fī al-Walī (2085); Ibn Mājah (1881); Tirmidhī (1101); Ḥākim (2/169)◈ English Translation:
“There is no marriage without a guardian.”
✔ This ḥadīth has been authenticated by Imām Tirmidhī, Ibn Ḥibbān (6075–2078), and al-Ḥākim.
② ʿĀ’ishah رضي الله عنها narrates that the Messenger of Allah ﷺ said:
◈ Arabic Text:
أَيُّمَا امْرَأَةٍ نَكَحَتْ بِغَيْرِ إِذْنِ وَلِيِّهَا فَنِكَاحُهَا بَاطِلٌ
Abū Dāwūd (2083); Tirmidhī (1102); Ibn Ḥibbān (4074); al-Ḥākim (2/168, Ḥadīth 2706)◈ English Translation:
“Any woman who marries without the permission of her walī—her marriage is invalid.”
✔ This narration has also been authenticated by Imām Ibn Ḥibbān and al-Ḥākim.
✔ Shaykh al-Islām Dhikrullāh Anṣārī رحمه الله says:
“This ḥadīth proves that a marriage conducted without a walī is invalid.”
Fatḥ al-ʿAllām, p. 512③ Abū Hurayrah رضي الله عنه narrates that the Prophet ﷺ said:
◈ Arabic Text:
لَا تُزَوِّجُ الْمَرْأَةُ الْمَرْأَةَ، وَلَا تُزَوِّجُ الْمَرْأَةُ نَفْسَهَا
Ibn Mājah, Kitāb an-Nikāḥ, Bāb Lā Nikāḥ Illā Bi-Walī (1882); Dāraquṭnī (3/227); al-Bayhaqī (7/110)◈ English Translation:
“A woman must not marry another woman off, nor may she marry herself off.”
✔ Shaykh al-Islām Dhikrullāh Anṣārī رحمه الله graded this ḥadīth as ṣaḥīḥ according to the conditions of Bukhārī and Muslim.
Fatḥ al-ʿAllām, p. 531❖ Key Ruling:
A woman cannot marry off herself, nor can she marry off another woman—even her own daughter. Guardianship (wilāyah) is a right and duty assigned only to male relatives, starting with the father, then the grandfather, and so on.❖ A Warning Regarding Disobedience:
➤ Women who flee their homes and conduct their own marriages without a walī not only violate the objectives of Islamic law, but also bring disgrace upon their parents and families.
➤ Such actions are not only sinful but shameful, contradicting the honor and dignity Islam has ordained for women.
❖ Final Advice:
Allāh Taʿālā has given us a perfect system of life through the Sharīʿah.
Adhering to these divine principles brings peace and honor in both this world and the Hereafter.
Living life against the Sharīʿah leads only to disgrace and destruction.
May Allah keep us firm upon the straight path and grant us death upon the truth.Āmīn
