❖ Source: Fatāwā Muḥammadiyyah, Volume 1, Page 690
What is the ruling of the learned scholars of Islam regarding the following situation:
الحمد لله، والصلاة والسلام علىٰ رسول الله، أما بعد!
In light of the question, the Sharʿī ruling is as follows:
Allah says:
According to Tafsīr Fatḥ al-Qadīr (Vol. 2, p. 290), the context of this verse (which specifies unique permissions for the Prophet ﷺ) highlights that the rest of the Ummah does not share this exception — i.e., marriage for them requires a walī (guardian). This was the opinion of Ibn ʿUmar, ʿAlī رضي الله عنهما, and many others.
➊ Ḥadīth of Abū Mūsā al-Ashʿarī رضي الله عنه:
The Prophet ﷺ said:
➋ Ḥadīth of ʿĀ’ishah رضي الله عنها:
The Prophet ﷺ said:
Imām al-Ḥākim stated that nearly thirty authentic narrations exist from the Mothers of the Believers and the Companions on this issue.
Shaykh al-Albānī رحمه الله also declared this narration Ṣaḥīḥ.
✔ These evidences clearly establish that in all cases of marriage, the guardian's (walī’s) permission is a necessary condition, and the father holds the highest authority among all guardians.
➊ Story of ʿUthmān رضي الله عنه:
A girl disagreed with her guardian and approached the court. ʿUthmān instructed the judge to advise the father to agree to the marriage of the daughter as per her wish. If he refused, the court would strip him of guardianship and perform the marriage.
(Musannaf ʿAbd al-Razzāq, Ibn Abī Shaybah)
➋ The Prophet ﷺ’s Judgment in a Widow’s Case:
A widow was married off by her father to someone she disliked, despite having children. The Prophet ﷺ asked her if she was forced. When she affirmed, the Prophet ﷺ declared:
➌ Virgin Girl’s Case:
The Prophet ﷺ summoned the walī and gave the girl choice. She approved her father’s decision.
(Ibn Abī Shaybah)
➍ Sayings of Ḥasan al-Baṣrī رحمه الله:
➎ Ruling of Qāḍī Shurayḥ:
A girl, her mother, and uncle came to court. The mother wanted to marry her elsewhere, the uncle had another choice. The judge gave the girl the right to choose. When the uncle refused to approve, the judge warned:
☑ If it is established that the father was unreasonably restricting the girl, a court has the right to override him.
☑ However, if the girl was originally willing to obey the father, and only yielded under pressure or coercion, then this is considered forced, and the father’s right of guardianship remains intact.
☑ In any case, the girl cannot be forced into marriage.
This case involves an unauthorized man forcibly marrying a woman through abduction and without Sharʿī permission.
☑ Abduction (اغوا) and usurpation (غصب) are distinct in Islamic law, though often confused.
☑ Both require punishment (taʿzīr).
☑ If the case is usurpation (غصب), the girl may be excused. Otherwise, both parties are liable to punishment.
✔ The presence and permission of a walī is a condition for a valid marriage.
✔ Court marriage without the father's consent is invalid in Sharīʿah.
✔ If the father acts unjustly, the Islamic judge (qāḍī) may intervene.
✔ Marriage through coercion or abduction is forbidden and invalid in Islam.
❖ Question:
What is the ruling of the learned scholars of Islam regarding the following situation:
❖ Answer:
الحمد لله، والصلاة والسلام علىٰ رسول الله، أما بعد!
In light of the question, the Sharʿī ruling is as follows:
✦ Qur’anic Evidence:
Allah says:
According to Tafsīr Fatḥ al-Qadīr (Vol. 2, p. 290), the context of this verse (which specifies unique permissions for the Prophet ﷺ) highlights that the rest of the Ummah does not share this exception — i.e., marriage for them requires a walī (guardian). This was the opinion of Ibn ʿUmar, ʿAlī رضي الله عنهما, and many others.✦ Authentic Aḥādīth:
➊ Ḥadīth of Abū Mūsā al-Ashʿarī رضي الله عنه:
The Prophet ﷺ said:
➋ Ḥadīth of ʿĀ’ishah رضي الله عنها:
The Prophet ﷺ said:
Imām al-Ḥākim stated that nearly thirty authentic narrations exist from the Mothers of the Believers and the Companions on this issue. Shaykh al-Albānī رحمه الله also declared this narration Ṣaḥīḥ.✦ Summary of Ahadith & Tafsīr:
✔ These evidences clearly establish that in all cases of marriage, the guardian's (walī’s) permission is a necessary condition, and the father holds the highest authority among all guardians.
✦ Historical Precedents from the Companions & Jurists:
➊ Story of ʿUthmān رضي الله عنه:
A girl disagreed with her guardian and approached the court. ʿUthmān instructed the judge to advise the father to agree to the marriage of the daughter as per her wish. If he refused, the court would strip him of guardianship and perform the marriage.
(Musannaf ʿAbd al-Razzāq, Ibn Abī Shaybah)
➋ The Prophet ﷺ’s Judgment in a Widow’s Case:
A widow was married off by her father to someone she disliked, despite having children. The Prophet ﷺ asked her if she was forced. When she affirmed, the Prophet ﷺ declared:
➌ Virgin Girl’s Case:
The Prophet ﷺ summoned the walī and gave the girl choice. She approved her father’s decision.
(Ibn Abī Shaybah)
➍ Sayings of Ḥasan al-Baṣrī رحمه الله:
➎ Ruling of Qāḍī Shurayḥ:
A girl, her mother, and uncle came to court. The mother wanted to marry her elsewhere, the uncle had another choice. The judge gave the girl the right to choose. When the uncle refused to approve, the judge warned:
❖ Current Case Analysis:
☑ If it is established that the father was unreasonably restricting the girl, a court has the right to override him.
☑ However, if the girl was originally willing to obey the father, and only yielded under pressure or coercion, then this is considered forced, and the father’s right of guardianship remains intact.
☑ In any case, the girl cannot be forced into marriage.
✦ Abduction & Coercion (اغوا و جبر):
This case involves an unauthorized man forcibly marrying a woman through abduction and without Sharʿī permission.
☑ Abduction (اغوا) and usurpation (غصب) are distinct in Islamic law, though often confused.
☑ Both require punishment (taʿzīr).
☑ If the case is usurpation (غصب), the girl may be excused. Otherwise, both parties are liable to punishment.
Final Verdict:
✔ The presence and permission of a walī is a condition for a valid marriage.
✔ Court marriage without the father's consent is invalid in Sharīʿah.
✔ If the father acts unjustly, the Islamic judge (qāḍī) may intervene.
✔ Marriage through coercion or abduction is forbidden and invalid in Islam.
