Source: Fatāwā Muḥammadiyyah, Volume 1, Page 751
I, Ghulām Qādir, son of Miyan Qamar, resident of Chak No. 14/1-R, Tehsil and District Okara, seek guidance on a Sharʿī matter:
My real daughter, Ms. Nazīrān Bībī, was married without my consent. The matter unfolded as follows:
Nazīrān Bībī went to visit her paternal aunt (phuphi), who then deceived her and arranged her marriage with her own son Amīr, son of Nūr, resident of Chak No. 35/2-R, Okara.
This marriage took place 7 months ago.
However, Nazīrān was not willing to marry him, nor did she wish to live with him. Likewise, the man himself had no interest in establishing a household with her. Eventually, one day, Nazīrān returned to her parents’ home. She has now been living with us for the past 4 months.
Given these circumstances, I request a ruling from the scholars:
Is Nazīrān Bībī now eligible for a new nikāḥ?
Please answer in light of the Qur’ān and Sunnah.
الحمد لله، والصلاة والسلام علىٰ رسول الله، أما بعد!
If the question has been accurately presented, then based on Islamic law:
◈ A woman is not permitted to contract her own marriage,
◈ nor can she act as a guardian (walī) on behalf of another woman.
◈ For a nikāḥ to be valid, the permission of a rightful guardian (walī murshid) is a compulsory condition.
“There is no marriage without a guardian, based on the verses:
﴿فَلَا تَعْضُلُوهُنَّ﴾ [Al-Baqarah: 232]
﴿وَلَا تُنكِحُوا الْمُشْرِكِينَ حَتَّىٰ يُؤْمِنُوا﴾ [Al-Baqarah: 221]
﴿وَأَنكِحُوا الْأَيَامَىٰ مِنكُمْ﴾ [Al-Nūr: 32]”
(Ṣaḥīḥ al-Bukhārī, Vol. 2, p. 769)
These verses affirm the guardian’s role in marriage. If a guardian had no authority, then these divine commands would be rendered meaningless.
"لَا نِكَاحَ إِلَّا بِوَلِيٍّ"
"There is no valid marriage except with a guardian."
(Nayl al-Awṭār, Vol. 3, p. 117)
This authentic hadith supports the consensus of the majority of scholars that a guardian’s permission is essential for a valid marriage. Without it, the marriage is invalid.
"أَيُّمَا امْرَأَةٍ نَكَحَتْ بِغَيْرِ إذْنِ وَلِيِّهَا، فَنِكَاحُهَا بَاطِلٌ..."
"Any woman who marries without the consent of her guardian — her marriage is invalid..."
(Subul al-Salām, Vol. 3, p. 118)
If consummation occurs despite this, the woman is entitled to the mahr (dowry), but the marriage itself is null and void.
"لَا تُزَوِّجُ الْمَرْأَةُ الْمَرْأَةَ، وَلَا تُزَوِّجُ الْمَرْأَةُ نَفْسَهَا"
"A woman may not marry off another woman, nor may she marry herself off."
(Subul al-Salām, Vol. 2, p. 120)
Imām Muḥammad bin Ismāʿīl al-Amīr al-Yamānī explains that this hadith proves women have no authority of guardianship (wilāyah) in marriage — neither for themselves nor for others. Any marriage contracted under such circumstances is invalid.
✿ Based on the details of the question, the marriage of Nazīrān Bībī was never valid in the first place, because:
✔ Her primary guardian (father) was not informed,
✔ Nor did he grant permission,
✔ And the girl herself was not willing.
✿ Therefore, this marriage is null and void, and Nazīrān Bībī is Islamically eligible for a new, valid nikāḥ.
✿ Additionally, the action taken by her paternal aunt (phuphi) is against the Sharīʿah and religiously impermissible.
✿ However, from a legal and procedural standpoint, it is necessary to obtain a formal annulment (faskh) or documentation through a competent court before proceeding with a new marriage.
هَذَا مَا عِندِي، وَاللَّهُ أَعْلَمُ بِالصَّوَابِ
This is what I hold to be correct, and Allah knows best.
❖ Question:
I, Ghulām Qādir, son of Miyan Qamar, resident of Chak No. 14/1-R, Tehsil and District Okara, seek guidance on a Sharʿī matter:
My real daughter, Ms. Nazīrān Bībī, was married without my consent. The matter unfolded as follows:
Nazīrān Bībī went to visit her paternal aunt (phuphi), who then deceived her and arranged her marriage with her own son Amīr, son of Nūr, resident of Chak No. 35/2-R, Okara.
This marriage took place 7 months ago.
However, Nazīrān was not willing to marry him, nor did she wish to live with him. Likewise, the man himself had no interest in establishing a household with her. Eventually, one day, Nazīrān returned to her parents’ home. She has now been living with us for the past 4 months.
Given these circumstances, I request a ruling from the scholars:
Is Nazīrān Bībī now eligible for a new nikāḥ?
Please answer in light of the Qur’ān and Sunnah.
❖ Answer:
الحمد لله، والصلاة والسلام علىٰ رسول الله، أما بعد!
If the question has been accurately presented, then based on Islamic law:
◈ A woman is not permitted to contract her own marriage,
◈ nor can she act as a guardian (walī) on behalf of another woman.
◈ For a nikāḥ to be valid, the permission of a rightful guardian (walī murshid) is a compulsory condition.
❖ Evidence from the Qur’an and Sunnah:
✦ From Ṣaḥīḥ al-Bukhārī:
“There is no marriage without a guardian, based on the verses:
﴿فَلَا تَعْضُلُوهُنَّ﴾ [Al-Baqarah: 232]
﴿وَلَا تُنكِحُوا الْمُشْرِكِينَ حَتَّىٰ يُؤْمِنُوا﴾ [Al-Baqarah: 221]
﴿وَأَنكِحُوا الْأَيَامَىٰ مِنكُمْ﴾ [Al-Nūr: 32]”
(Ṣaḥīḥ al-Bukhārī, Vol. 2, p. 769)
These verses affirm the guardian’s role in marriage. If a guardian had no authority, then these divine commands would be rendered meaningless.
❖ Hadith Evidences:
➊ Ḥadīth of Abū Mūsā al-Ashʿarī رضي الله عنه:
"لَا نِكَاحَ إِلَّا بِوَلِيٍّ"
"There is no valid marriage except with a guardian."
(Nayl al-Awṭār, Vol. 3, p. 117)
This authentic hadith supports the consensus of the majority of scholars that a guardian’s permission is essential for a valid marriage. Without it, the marriage is invalid.
➋ Ḥadīth of ʿĀʾishah رضي الله عنها
"أَيُّمَا امْرَأَةٍ نَكَحَتْ بِغَيْرِ إذْنِ وَلِيِّهَا، فَنِكَاحُهَا بَاطِلٌ..."
"Any woman who marries without the consent of her guardian — her marriage is invalid..."
(Subul al-Salām, Vol. 3, p. 118)
If consummation occurs despite this, the woman is entitled to the mahr (dowry), but the marriage itself is null and void.
➌ Ḥadīth of Abū Hurayrah رضي الله عنه:
"لَا تُزَوِّجُ الْمَرْأَةُ الْمَرْأَةَ، وَلَا تُزَوِّجُ الْمَرْأَةُ نَفْسَهَا"
"A woman may not marry off another woman, nor may she marry herself off."
(Subul al-Salām, Vol. 2, p. 120)
Imām Muḥammad bin Ismāʿīl al-Amīr al-Yamānī explains that this hadith proves women have no authority of guardianship (wilāyah) in marriage — neither for themselves nor for others. Any marriage contracted under such circumstances is invalid.
Final Verdict:
✿ Based on the details of the question, the marriage of Nazīrān Bībī was never valid in the first place, because:
✔ Her primary guardian (father) was not informed,
✔ Nor did he grant permission,
✔ And the girl herself was not willing.
✿ Therefore, this marriage is null and void, and Nazīrān Bībī is Islamically eligible for a new, valid nikāḥ.
✿ Additionally, the action taken by her paternal aunt (phuphi) is against the Sharīʿah and religiously impermissible.
✿ However, from a legal and procedural standpoint, it is necessary to obtain a formal annulment (faskh) or documentation through a competent court before proceeding with a new marriage.
هَذَا مَا عِندِي، وَاللَّهُ أَعْلَمُ بِالصَّوَابِ
This is what I hold to be correct, and Allah knows best.
