Can a Woman Be Her Own Guardian in Nikah? Islamic Ruling Explained

Source: Fatāwā Amunpuri by Shaykh Ghulām Mustafa Zaheer Amunpuri


❖ Question:​


Can a woman act as a walī (guardian) in a marriage contract (nikāḥ)?


✿ Answer:​


A woman cannot act as a walī in a marriage contract — neither for herself nor for another woman.


✦ Ḥadīth Evidence:​


Sayyidunā Abū Hurayrah رضي الله عنه narrated that the Prophet ﷺ said:


لَا تُنْكِحُ الْمَرْأَةُ الْمَرْأَةَ، وَلَا تُنْكِحُ الْمَرْأَةُ نَفْسَهَا، إِنَّ الَّتِي تُنْكِحُ نَفْسَهَا هِيَ الْبَغِيُّ


Translation:

"A woman may not conduct the marriage of another woman, nor of herself. Verily, the one who marries herself is a fornicatress."
📚 Sunan al-Dāraqutnī: 3/228 – sanad ṣaḥīḥ


Another narration from Abū Hurayrah رضي الله عنه:


"No woman should marry off another woman, nor should she marry herself. The one who marries herself without the permission of her walī is a fornicator."

📚 Sunan al-Dāraqutnī: 3539 – sanad ṣaḥīḥ
📚 Authenticated by Ḥāfiẓ Ibn Ḥajar – Fatḥ al-Bārī: 9/187


✦ Consensus and Statements of Scholars:​


Imām Ibn al-Mundhir رحمه الله:
"There is no known disagreement among the Companions on this matter."
📚 Ittiḥāf al-Mahrah: 15/566


The Seven Fuqahā’ of Madinah:
"A woman cannot conduct a nikāḥ — neither her own nor that of another."
📚 Al-Sunan al-Kubrā by al-Bayhaqī: 7/113 – sanad ḥasan


Imām Ibn Sīrīn رحمه الله:
"No woman should marry off another woman."
📚 Muṣannaf Ibn Abī Shaybah: 4/2/134 – sanad ṣaḥīḥ


✦ Views of Classical Scholars:​


Shaykh al-Islām Ibn Taymiyyah رحمه الله:
Nikāḥ requires the permission of a walī as stated repeatedly in the Qur’ān and Sunnah. During the time of the Companions, only men conducted marriages, and there is no authentic report of a woman marrying herself. This distinction separates a valid nikāḥ from illicit sexual relations.
📚 Majmūʿ al-Fatāwā: 32/131



Imām Ibn Qudāmah al-Maqdisī رحمه الله:
"Nikāḥ is not valid without a walī. A woman cannot marry herself or others, nor can she appoint someone other than her walī to conduct her marriage. If she does, the marriage is invalid."
📚 Al-Mughnī: 6/149



Shāh Walīullāh al-Dihlawī رحمه الله:
The condition of a walī in nikāḥ is to uphold the dignity of the woman’s family, while an independent marriage brings about dishonor due to lack of modesty and disregard for male guardianship. The presence of a walī ensures formality and separation from fornication.
📚 Ḥujjatullāh al-Bālighah: 2/127


✦ Clarification on an Apparent Objection:​


It is reported that Sayyidah ʿĀ’ishah رضي الله عنها arranged the marriage of Ḥafṣah bint ʿAbd al-Raḥmān to Munḏhir ibn Zubayr in the absence of her father ʿAbd al-Raḥmān, who was traveling.


📚 Muwaṭṭaʾ Imām Mālik: 2/555
📚 Al-Sunan al-Kubrā by al-Bayhaqī: 7/112–113 – sanad ṣaḥīḥ


However:


➤ This nikāḥ was arranged with consultation and later confirmation by the father, not executed by ʿĀ’ishah herself.
➤ Ḥāfiẓ Ibn Ḥajar and Imām al-Bayhaqī affirm: the walī was not ʿĀ’ishah, but someone else — she merely facilitated the arrangement.


📚 Fatḥ al-Bārī: 9/186
📚 Al-Sunan al-Kubrā by al-Bayhaqī: 7/113


✦ Weak Narration Refuted:​


A narration states that Sayyidunā ʿAlī ibn Abī Ṭālib رضي الله عنه allowed a mother to marry off her daughter without a walī.


📚 Muṣannaf Ibn Abī Shaybah: 4/2/132
📚 Sunan Saʿīd ibn Manṣūr: 580


But:
➤ The chain is extremely weak due to an unknown narrator.
➤ It contradicts the Qur’ān, Sunnah, and Sayyidunā ʿAlī’s own authentic statements.


✅ Summary:​


➤ A woman cannot be a walī in marriage — neither for herself nor for anyone else.
➤ The presence of a male walī is essential for a valid Islamic nikāḥ.
Shariah, prophetic tradition, and scholarly consensus all affirm this condition.
➤ Exceptions cited in reports are either misunderstood or unauthentic.
 
Back
Top