Invalid Marriage Without Guardian’s Consent: Islamic Ruling Explained

Source: Fatāwā Muḥammadiyyah, Vol. 1, Pg. 703

❖ Question:​

I, Ghulam Qadir, resident of Chak No. 14/DN, Tehsil & District Okara, inquire about a Shar‘i issue:


My real daughter, Naziran Bibi, was married without my (her father’s) permission. While visiting her paternal aunt, she was manipulated into marrying the aunt’s son, Amir. This marriage took place without Naziran’s consent, and she never liked the man. After enduring a miserable life for a few months, she returned to her parents' home and has now been living with them for the past four months.


Question: Is Naziran Bibi now eligible to marry again?
Please answer in light of Qur’an and Sunnah.

❖ Answer:​

الحمد لله، والصلاة والسلام على رسول الله، أما بعد!


If the details are accurate, then:


◈ A woman cannot conduct her own marriage,
◈ Nor can another woman act as a guardian (walī) for her.


A valid nikāḥ requires the permission of her rightful guardian (walī).

✦ Evidence from Qur’an and Sunnah:​

Qur’an:

{فَلَا تَعْضُلُوهُنَّ}
“Do not prevent them from marrying their (chosen) husbands…”
➡ This proves that the walī has a recognized role in the marriage process.

Hadith:


❖ Narrated by Abū Mūsā al-Ashʿarī رضي الله عنه:

“No marriage is valid without a guardian.”
(Ṣaḥīḥ – agreed upon by majority of scholars)

❖ Narrated by ʿĀ’ishah رضي الله عنها:

«أَيُّمَا امْرَأَةٍ نَكَحَتْ بِغَيْرِ إِذْنِ وَلِيِّهَا فَنِكَاحُهَا بَاطِلٌ...»
“Any woman who marries without her guardian’s permission, her marriage is invalid, invalid, invalid.”
(Narrated by Abu Dāwūd, Tirmidhī, Ḥākim, Ibn Ḥibbān – Authentic)

❖ Narrated by Abū Hurayrah رضي الله عنه:

«لَا تُزَوِّجُ الْمَرْأَةُ الْمَرْأَةَ، وَلَا تُزَوِّجُ الْمَرْأَةُ نَفْسَهَا»
“A woman cannot marry another woman, nor can she marry herself.”
(Sunan Ibn Mājah, al-Dāraquṭnī – Authentic)

Conclusion:​

✔ The marriage of Naziran Bibi is null and void, as her father (rightful walī) neither gave permission nor was aware of it.


✔ Her paternal aunt had no Shar‘i authority to marry her off.


✔ Hence, Naziran Bibi is now eligible to marry, provided it is done with her guardian's consent.


✔ For legal clarity, validation from an Islamic court is also recommended.


والله أعلم بالصواب