Source: Fatāwā Amunpuri by Shaykh Ghulām Mustafa Zaheer Amunpuri
Can an adult woman (bālighah) perform her own marriage (nikāḥ) without a walī (guardian)?
No, an adult woman cannot marry herself.
The permission of a walī is a necessary condition for a valid Islamic marriage.
Sayyidunā Maʿqil ibn Yasār رضي الله عنه narrated:
He said: A man proposed to marry my sister, and I married her to him. He later divorced her with a revocable divorce. After her waiting period ended, he came again with a proposal. I said, “By Allah! I will never marry her to you again.” Then the following verse was revealed regarding this incident:
"وَإِذَا طَلَّقْتُمُ النِّسَاءَ فَبَلَغْنَ أَجَلَهُنَّ فَلَا تَعْضُلُوهُنَّ أَنْ يَنْكِحْنَ أَزْوَاجَهُنَّ"
[Sūrah al-Baqarah: 232]
Translation:
“And when you divorce women and they reach the end of their ʿiddah, do not prevent them from marrying their [former] husbands.”
He then said: So I paid the expiation for my oath and married her to him again.
Ṣaḥīḥ al-Bukhārī: 5130, Sunan Abī Dāwūd: 2087
Imām al-Tirmidhī رحمه الله said:
This ḥadīth proves that marriage without a walī is not valid, because if the matter of nikāḥ had been in the woman's own hands (even though she was previously married), she would have married herself and not waited for her guardian (Maʿqil ibn Yasār).
Sunan al-Tirmidhī, under Ḥadīth: 2981
Imām Ibn Khuzaymah رحمه الله said:
This ḥadīth is a clear proof that Allah has entrusted the right of contract (ʿaqd al-nikāḥ) to the guardians, not to the women themselves — even if they were previously married.
Al-Mustadrak by al-Ḥākim, under Ḥadīth: 2719
Sayyidah ʿĀ’ishah رضي الله عنها described types of marriage in the pre-Islamic era and stated:
"Marriage in the time of Jāhiliyyah had four forms. One of them is like what is practiced today: a man sends a proposal to another man for his daughter or female under his guardianship, pays the dowry, and marries her. When the Prophet ﷺ was sent, he invalidated all other types except this one."
Ṣaḥīḥ al-Bukhārī: 5127
This indicates that the only valid form of nikāḥ is one conducted through a male walī, as described by Sayyidah ʿĀ’ishah رضي الله عنها and approved by the Prophet ﷺ.
➤ An adult woman cannot conduct her own marriage.
➤ The presence and permission of a walī (such as her father, brother, or uncle) is compulsory for a valid nikāḥ.
➤ This is established by the Qur’ān, Sunnah, and consensus of the scholars.
➤ The woman's consent is required, but she cannot perform the marriage contract herself.
❖ Question:
Can an adult woman (bālighah) perform her own marriage (nikāḥ) without a walī (guardian)?
✿ Answer:
No, an adult woman cannot marry herself.
The permission of a walī is a necessary condition for a valid Islamic marriage.
✦ Ḥadīth and Qur'anic Evidence:
Sayyidunā Maʿqil ibn Yasār رضي الله عنه narrated:
He said: A man proposed to marry my sister, and I married her to him. He later divorced her with a revocable divorce. After her waiting period ended, he came again with a proposal. I said, “By Allah! I will never marry her to you again.” Then the following verse was revealed regarding this incident:
"وَإِذَا طَلَّقْتُمُ النِّسَاءَ فَبَلَغْنَ أَجَلَهُنَّ فَلَا تَعْضُلُوهُنَّ أَنْ يَنْكِحْنَ أَزْوَاجَهُنَّ"
[Sūrah al-Baqarah: 232]Translation:
“And when you divorce women and they reach the end of their ʿiddah, do not prevent them from marrying their [former] husbands.”
He then said: So I paid the expiation for my oath and married her to him again.
Ṣaḥīḥ al-Bukhārī: 5130, Sunan Abī Dāwūd: 2087✦ Scholarly Commentary:
Imām al-Tirmidhī رحمه الله said:
This ḥadīth proves that marriage without a walī is not valid, because if the matter of nikāḥ had been in the woman's own hands (even though she was previously married), she would have married herself and not waited for her guardian (Maʿqil ibn Yasār).
Sunan al-Tirmidhī, under Ḥadīth: 2981Imām Ibn Khuzaymah رحمه الله said:
This ḥadīth is a clear proof that Allah has entrusted the right of contract (ʿaqd al-nikāḥ) to the guardians, not to the women themselves — even if they were previously married.
Al-Mustadrak by al-Ḥākim, under Ḥadīth: 2719Sayyidah ʿĀ’ishah رضي الله عنها described types of marriage in the pre-Islamic era and stated:
"Marriage in the time of Jāhiliyyah had four forms. One of them is like what is practiced today: a man sends a proposal to another man for his daughter or female under his guardianship, pays the dowry, and marries her. When the Prophet ﷺ was sent, he invalidated all other types except this one."
Ṣaḥīḥ al-Bukhārī: 5127This indicates that the only valid form of nikāḥ is one conducted through a male walī, as described by Sayyidah ʿĀ’ishah رضي الله عنها and approved by the Prophet ﷺ.
Summary:
➤ An adult woman cannot conduct her own marriage.
➤ The presence and permission of a walī (such as her father, brother, or uncle) is compulsory for a valid nikāḥ.
➤ This is established by the Qur’ān, Sunnah, and consensus of the scholars.
➤ The woman's consent is required, but she cannot perform the marriage contract herself.
