Written by: Ghulam Mustafa Zaheer Amanpuri
Islam provides clear guidance on principles, rulings, and social norms, and it has made individuals aware of the rights of sacred relationships like that of a father and daughter. A daughter is considered a source of honor. When she marries without her father's permission, people often say that the father's honor has fled, causing the father to feel extreme shame. Such a father may consider stepping out of his home a source of humiliation and disgrace.
How could Islam, a religion that protects the honor of its followers, tolerate such disgrace? Therefore, Islam has declared the marriage of a woman invalid if conducted without the permission of her guardian (wali). However, it is unfortunate that those who misuse the name of Islam have made various futile efforts to remove the necessity of a guardian's permission in marriage, aiming to easily spread immorality in Islamic society.
Let's fairly examine the Islamic teachings about the necessity of a guardian's permission in marriage and the arguments presented against it.
[Al-Baqarah: 232]
"When you divorce women, and they have reached the end of their waiting period, do not prevent them from remarrying their (former) husbands."
This noble verse proves that a marriage is not valid without the permission of the guardian. The verse addresses the guardians, confirming their authority and rights in the marriage of a woman.
The famous Sunni commentator Imam Abu Ja'far Ibn Jarir al-Tabari (d. 310 AH) explains under this verse:
"This verse clearly indicates that those who say that a marriage cannot take place without the permission of a guardian are correct. If a woman could marry herself or appoint anyone as her guardian, it would make no sense for Allah to prohibit a guardian from preventing her from marrying. If a woman could independently arrange her marriage, or if she could appoint someone else as her guardian, there would be no reason to prevent her actual guardian from stopping the marriage, as she could easily marry herself or appoint a guardian to do so."
[Tafsir al-Tabari: 2/488]
Hafiz Ibn Kathir (d. 774 AH) writes:
"This verse indicates that a woman cannot marry herself; a guardian's presence is essential for marriage. This is the view expressed by Imam Tirmidhi and Ibn Jarir in their commentaries on this verse."
[Tafsir Ibn Kathir 1/564-565]
This verse is further clarified by the Hadith of Ma'qil ibn Yasar (may Allah be pleased with him) who said:
"I had a sister whom I gave in marriage to my cousin, but he divorced her. Then he let her be until her waiting period ended. When she received other proposals, he came forward again with a proposal. I said, 'By Allah, I will never give her in marriage to you!' So Allah revealed this verse:
(Al-Baqarah: 232). Then I offered the expiation for my oath and gave her in marriage to him."
[Sahih al-Bukhari: 1/77, Hadith: 5130; Sunan Abi Dawood: 3087; Sunan al-Tirmidhi: 2981]
Imam Tirmidhi (d. 279 AH) comments on this Hadith:
"This Hadith indicates that a marriage is not valid without a guardian. Ma'qil ibn Yasar's sister was a previously married woman (thayyib), and if she had full authority over her marriage, she could have married herself without needing her guardian Ma'qil ibn Yasar's permission. Allah's address in this verse is directed towards the guardians, stating:
(Do not prevent them from remarrying their husbands). Therefore, it is clear that the guardians are responsible for the marriage, and the woman's consent is necessary."
[Sunan Tirmidhi, under Hadith: 2981]
Allama Shawkaani (d. 1250 AH) states regarding this Hadith:
"This Hadith proves that a guardian's permission is a condition for the validity of marriage. If this condition were not present, a woman's and a man's mutual consent would suffice. This Hadith also refutes the analogy made by Imam Abu Hanifa, who argued that a guardian's permission is not necessary by comparing marriage to buying and selling, where a woman has autonomy without a guardian. They applied the Hadith about guardianship only to minors. However, this analogy is flawed and is not supported when compared with the Hadith of Ma'qil ibn Yasar."
[Nayl al-Awtar: 4/197]
Hafiz Ibn Hajar (d. 852 AH) writes:
"There is a scholarly consensus on the necessity of a guardian's permission in marriage. The majority of scholars hold that a woman cannot marry herself. They rely on the Hadith mentioned, with the most compelling evidence being the cause of revelation of this verse, which explicitly indicates the necessity of a guardian's permission. Otherwise, it would not make sense to prohibit the guardian from preventing the marriage. If the woman could marry herself, she would not need her brother, and it would not be said that someone prevented her from marriage. Imam Ibn al-Mundhir has mentioned that no companion disagreed on this issue."
[Fath al-Bari: 9/184]
[An-Nisa: 25]
"So marry them with the permission of their family and give them their due compensation in a fair manner."
Imam Ibn Jarir al-Tabari comments:
"(باذن اهلهن) means 'with the permission of their guardians and their consent to the marriage.'"
[Tafsir Ibn Jarir: 19/4]
[Al-Baqarah: 221]
"Do not marry polytheistic men until they believe."
Imam Bukhari used this verse to argue that marriage is not valid without the permission of the guardian. Hafiz Ibn Hajar writes:
"The reason for the argument is that Allah addressed the issue of marriage to men and not women, indicating that it is the responsibility of the guardians to manage the marriages of their wards."
[Fath al-Bari: 9/184]
[An-Nur: 32]
"And marry those among you who are single."
Imam Bukhari also used this verse to prove that marriage without the permission of a guardian is not valid.
After presenting the Quranic arguments, let's look at the Hadith-based evidence:
"One form was that a man would approach another man to propose for his ward or daughter and give her dowry, then marry her. When Muhammad (peace and blessings be upon him) came with the truth, he abolished all the pre-Islamic forms of marriage except this one."
[Sahih Bukhari: 2/768, Hadith: 5127]
Imam Bukhari inferred from the words "except the marriage of people today" that a guardian's permission is necessary for a marriage, as Aisha (may Allah be pleased with her) mentioned that the guardian arranges the marriage.
"Allah's words:
[An-Nisa: 127]
were revealed about a girl under the guardianship of a man who did not give her due dowry and did not allow her to marry someone else, fearing that another man would share her wealth."
[Sahih Bukhari: 1/770, Hadith: 5128]
"When Hafsa, the daughter of Umar (may Allah be pleased with him), became a widow after the death of her husband Khunais ibn Hudhafah (may Allah be pleased with him), a companion of the Prophet from the Battle of Badr, Umar said, 'I met Uthman ibn Affan and offered him Hafsa's hand in marriage. He replied that he would think about it. After a few days, he said that he did not want to marry at the moment.' Then I met Abu Bakr and offered Hafsa's hand to him, but he remained silent. After some time, the Prophet (peace and blessings be upon him) proposed to her, and I gave her in marriage to him."
[Sahih Bukhari: 1/770, Hadith: 5129]
Imam Bukhari derived from these two Hadiths that marriage without the permission of a guardian is invalid. In the first Hadith, preventing a marriage is attributed to the guardian, indicating their authority. If guardianship in marriage was not significant, the verse would have no purpose, which is not the case.
"There is no marriage without a guardian."
[Al-Mustadrak by Al-Hakim: 173 Hadith 2717, Hasan chain]
This Hadith has been authenticated by Imams Ibn al-Jarud (702), Ibn Hibban (4083), Ali ibn al-Madini (Al-Mustadrak by Al-Hakim: 170/2, Al-Sunan Al-Kubra by Al-Bayhaqi: 108/7), Al-Zahli (Al-Mustadrak by Al-Hakim: 170/2), and Al-Hakim (may Allah have mercy on them).
Hafiz Ibn Hajar says:
"This is an authentic Hadith."
[Takhrij Ahadith al-Mukhtasar: 2/371-372]
This Hadith explicitly states that a marriage is not valid without a guardian.
Amir al-San'ani states:
"The Hadith proves that a marriage is not valid without a guardian, as the principle in negation is the negation of validity, not merely perfection."
[Subul al-Salam: 3/117]
"Any woman who marries without the permission of her guardian, her marriage is invalid, her marriage is invalid, her marriage is invalid. If he consummates the marriage with her, she is entitled to the dowry because he has made her private parts lawful. If they dispute, the ruler is the guardian for the one who has no guardian."
[Musnad Ahmad: 499; Musnad Al-Imam Ahmad: 1/165-166; Musnad Al-Humaydi: 228; Musnad Al-Tayalisi: 1/305; Sunan Abu Dawood: 2083; Sunan Ibn Majah: 1879; Sunan Al-Tirmidhi: 1102; Al-Sunan Al-Kubra by Al-Nasa'i: 5394; Musnad Abi Ya'la: 2083; Sunan Al-Daraqutni: 3/221; Al-Sunan Al-Kubra by Al-Bayhaqi: 7/105]
This Hadith has been deemed "hasan" by Imam Tirmidhi and Ibn Asakir (Ma'jam al-Shuyukh: 234) and "sahih" by Imams Ibn al-Jarud (700), Abu Awana (4259), Ibn Khuzaymah (Fath al-Bari: 9/191), Ibn Hibban (4074, 4075), Al-Bayhaqi (Al-Sunan al-Kubra: 7/107), Ibn al-Jawzi (Al-Tahqiq: 2/255), and Al-Hakim (may Allah have mercy on them).
Imam Yahya ibn Ma'in said:
"The only authentic Hadith in this matter is the one narrated by Sulaiman ibn Musa."
[Tarikh Ibn Ma'in by Al-Duri: 2/236; Al-Kamil by Ibn Adi: 3/1115; Al-Sunan al-Kubra by Al-Bayhaqi: 7/107]
Hafiz Abu Musa al-Madini said:
"This is a well-established and famous Hadith, and it is used as evidence."
[Al-Lataif: 556, 586, 606]
Hafiz Ibn Hajar said it is "hasan."
[Takhrij Ahadith al-Mukhtasar: 2/205]
Al-Bayhaqi commented on the narrators of this Hadith:
"All of them are trustworthy and reliable."
[Ma'rifat al-Sunan wal-Athar: 1/29]
Imam Ibn Adi said:
"This Hadith is significant in this matter (that marriage is not valid without a guardian), and reliance is placed on it to invalidate marriages without a guardian."
[Al-Kamil by Ibn Adi: 3/1115, in another copy: 3/266]
Imam Ibn Hibban said:
"Mention of the invalidity of a marriage that takes place without a guardian."
[Sahih Ibn Hibban: 9/384]
"Any woman who marries without the permission of her guardian, her marriage is invalid. There is no marriage without the permission of a guardian."
[Al-Sunan Al-Kubra by Al-Bayhaqi: 7/111, its chain is authentic]
Imam Bayhaqi commented:
"This chain is authentic."
[Al-Sunan Al-Kubra by Al-Bayhaqi: 7/111]
"Zainab used to boast to the other wives of the Prophet (peace and blessings be upon him), saying, 'Your families married you, but Allah married me from above the seven heavens.'"
[Sahih Bukhari: 2/1106, Hadith: 6420]
"When a man intends to marry off his daughter, he should seek her consent."
[Musnad Abi Ya'la: 7229, authentic chain]
Hafiz Haythami writes:
"This was narrated by Abu Ya'la and Al-Tabarani, and its narrators are those of Sahih Bukhari."
[Majma' al-Zawa'id: 4/279]
This Hadith instructs a man to seek his daughter's consent before marrying her off, highlighting the importance of the guardian's role in the marriage process.
"A previously married woman has more right over herself than her guardian, and a virgin should be consulted; her silence is her consent."
[Sahih Muslim: 1/455, Hadith: 1431]
In another narration:
"The guardian has no authority over a previously married woman; a virgin should be consulted, and her silence is her consent."
[Sahih Muslim: 1/495, Hadith: 1421]
Imam Ibn Hibban explains this Hadith:
"The meaning of 'the previously married woman has more right over herself' is that she has the right to choose among the suitors whom she likes, saying, 'I like so-and-so' or 'I do not like so-and-so.' This does not mean that the marriage contract is in her hands instead of the guardian's."
[Sahih Ibn Hibban, under Hadith: 4087]
He further explains the phrase "the guardian has no authority over a previously married woman":
"The meaning of the Prophet's (peace and blessings be upon him) statement 'the guardian has no authority over a previously married woman' is that the woman has the right to choose and give her consent to the marriage. However, the contract itself is the guardian's responsibility."
[Sahih Ibn Hibban, under Hadith: 4087]
Imam Tirmidhi writes under this Hadith:
"Some people have used this Hadith to argue for the validity of marriage without a guardian. However, this Hadith does not support their claim, as it is narrated from various chains from Ibn Abbas that the Prophet (peace and blessings be upon him) said: 'There is no marriage without a guardian.' [Sunan Ibn Majah: 1880, Hasan chain and authentic Hadith]. Similarly, Ibn Abbas issued a fatwa after the Prophet's (peace and blessings be upon him) time, stating, 'There is no marriage without a guardian.' [Sunan Sa'id bin Mansur: 553, Musannaf Ibn Abi Shaybah: 4/128, its chain is weak]. The meaning of 'the previously married woman has more right over herself than her guardian' according to most scholars is that the guardian cannot marry her off without her consent. If he does, the marriage is annulled, as in the case of Khansa bint Khidam [Sahih Bukhari: 1/771, Hadith: 5138; Sunan Tirmidhi: 1108], whose father married her off, but she disliked the marriage, and the Prophet (peace and blessings be upon him) annulled it."
[Sunan Tirmidhi, under Hadith: 1108]
Allama Sindi Hanafi writes:
"The statement 'the previously married woman has more right over herself' implies participation, meaning that both she and her guardian have rights in her marriage. Her right is stronger than her guardian's because she cannot be compelled due to the guardian, and the guardian can be compelled due to her. If the guardian refuses, the judge marries her off. This Hadith does not contradict the Hadith 'There is no marriage without a guardian.'"
[Hashiyah Al-Sindi on Al-Nasa'i: 6/84]
Hafiz Nawawi similarly states:
"The scholars say that the term 'the previously married woman' here refers to a previously married woman."
[Sharh Sahih Muslim by Al-Nawawi: 1/455]
The term "the previously married woman" (al-Ayyim) in this context specifically refers to a previously married woman, not a virgin, as demonstrated by the distinction in the Arabic text. Hafiz Nawawi and other scholars have clarified that the term used here applies to a previously married woman who has more control over her marriage decision than her guardian, emphasizing the importance of her consent.
Imam Sa'id bin Al-Musayyib and Imam Hasan al-Basri said regarding a woman who married without the permission of her guardian: "They should be separated."
[(Musannaf Ibn Abi Shaybah: 4/131, Hadith: 16176, its chain is authentic)]
Imam Tirmidhi said:
"This is the opinion of Sufyan al-Thawri, Al-Awza'i, Malik, Abdullah ibn al-Mubarak, Al-Shafi'i, Ahmad, and Ishaq, who all hold that a marriage is not valid without a guardian's permission."
[Sunan Tirmidhi, under Hadith: 1107]
Allama Ibn Taymiyyah writes:
"The evidence for the necessity of a guardian's permission in marriage is found in several places in the Quran and Sunnah. It was the practice of the Companions to arrange marriages for women; it is not known that any woman married herself. This distinction between marriage and unlawful relationships is made clear."
[Majmu' al-Fatawa: 32/131]
Ibn Qudamah writes:
"Marriage is not valid without a guardian, and a woman cannot marry herself or appoint someone other than her guardian to marry her off. If she does so, the marriage is invalid."
[Al-Mughni: 6/149]
Shah Waliullah Dehlavi explains the wisdom behind the requirement of a guardian's permission in marriage:
"The condition of a guardian in marriage elevates the status of guardians and prevents the disgrace of women being involved in marriage independently. This condition distinguishes marriage from immorality, with the guardian's presence being a key aspect of this distinction."
[Hujjatullah al-Baligha: 2/127]
[Muwatta Imam Malik: 2/555; Al-Sunan Al-Kubra by Al-Bayhaqi: 7/112-113]
Response:
This was done with Aisha's (may Allah be pleased with her) consultation, and the marriage was attributed to her, but another guardian must have been involved because a woman cannot be a guardian for another woman. There is no indication that this marriage took place without a guardian, as Hafiz Ibn Hajar states:
"It is answered that the report does not explicitly state that Aisha (may Allah be pleased with her) officiated the marriage; it is possible that the mentioned woman was previously married and sought a compatible partner, and her guardian was absent, so the guardianship moved to a distant guardian or the ruler."
[Fath al-Bari: 9/186]
Imam Al-Bayhaqi comments on this narration:
"It means that Aisha (may Allah be pleased with her) arranged the marriage, but she did not act as the guardian herself; the marriage was attributed to her because she participated in arranging it, which is among the reasons for the marriage."
[Al-Sunan Al-Kubra by Al-Bayhaqi: 4/113]
Thus, Aisha (may Allah be pleased with her) did nothing against her narration, Alhamdulillah!
It is noteworthy that wherever the Quran attributes marriage to a woman, it refers to a previously married woman, not a virgin. Some people mistakenly try to create a conflict between the Quran and Hadith.
Abdur Rahman ibn Abi Zinad narrated from his father, one of the jurists of Madinah, who said:
"The fuqaha' (jurists) whose opinions were relied upon used to say: A woman cannot marry herself or another woman."
[Al-Sunan Al-Kubra by Al-Bayhaqi: 4/113, its chain is hasan]
The famous Tabi'i, Imam Muhammad ibn Sirin, said:
"A woman cannot marry herself or another woman."
[Musannaf Ibn Abi Shaybah: 4/133, its chain is authentic]
"He permitted the marriage of a woman without a guardian, arranged by her mother with her consent."
[Musannaf Ibn Abi Shaybah: 4/132]
Comment:
The chain of this narration is extremely weak because:
Islam provides clear guidance on principles, rulings, and social norms, and it has made individuals aware of the rights of sacred relationships like that of a father and daughter. A daughter is considered a source of honor. When she marries without her father's permission, people often say that the father's honor has fled, causing the father to feel extreme shame. Such a father may consider stepping out of his home a source of humiliation and disgrace.
How could Islam, a religion that protects the honor of its followers, tolerate such disgrace? Therefore, Islam has declared the marriage of a woman invalid if conducted without the permission of her guardian (wali). However, it is unfortunate that those who misuse the name of Islam have made various futile efforts to remove the necessity of a guardian's permission in marriage, aiming to easily spread immorality in Islamic society.
Let's fairly examine the Islamic teachings about the necessity of a guardian's permission in marriage and the arguments presented against it.
Argument No. 1:
Allah Almighty says:وَاِذَا طَلَّقْتُمُ النِّسَاۗءَ فَبَلَغْنَ اَجَلَهُنَّ فَلَا تَعْضُلُوْهُنَّ اَنْ يَّنْكِحْنَ اَزْوَاجَهُنَّ
[Al-Baqarah: 232]
"When you divorce women, and they have reached the end of their waiting period, do not prevent them from remarrying their (former) husbands."
This noble verse proves that a marriage is not valid without the permission of the guardian. The verse addresses the guardians, confirming their authority and rights in the marriage of a woman.
The famous Sunni commentator Imam Abu Ja'far Ibn Jarir al-Tabari (d. 310 AH) explains under this verse:
"This verse clearly indicates that those who say that a marriage cannot take place without the permission of a guardian are correct. If a woman could marry herself or appoint anyone as her guardian, it would make no sense for Allah to prohibit a guardian from preventing her from marrying. If a woman could independently arrange her marriage, or if she could appoint someone else as her guardian, there would be no reason to prevent her actual guardian from stopping the marriage, as she could easily marry herself or appoint a guardian to do so."
[Tafsir al-Tabari: 2/488]
Hafiz Ibn Kathir (d. 774 AH) writes:
"This verse indicates that a woman cannot marry herself; a guardian's presence is essential for marriage. This is the view expressed by Imam Tirmidhi and Ibn Jarir in their commentaries on this verse."
[Tafsir Ibn Kathir 1/564-565]
This verse is further clarified by the Hadith of Ma'qil ibn Yasar (may Allah be pleased with him) who said:
"I had a sister whom I gave in marriage to my cousin, but he divorced her. Then he let her be until her waiting period ended. When she received other proposals, he came forward again with a proposal. I said, 'By Allah, I will never give her in marriage to you!' So Allah revealed this verse:
وَاِذَا طَلَّقْتُمُ النِّسَاۗءَ فَبَلَغْنَ اَجَلَهُنَّ فَلَا تَعْضُلُوْهُنَّ اَنْ يَّنْكِحْنَ اَزْوَاجَهُنَّ
(Al-Baqarah: 232). Then I offered the expiation for my oath and gave her in marriage to him."
[Sahih al-Bukhari: 1/77, Hadith: 5130; Sunan Abi Dawood: 3087; Sunan al-Tirmidhi: 2981]
Imam Tirmidhi (d. 279 AH) comments on this Hadith:
"This Hadith indicates that a marriage is not valid without a guardian. Ma'qil ibn Yasar's sister was a previously married woman (thayyib), and if she had full authority over her marriage, she could have married herself without needing her guardian Ma'qil ibn Yasar's permission. Allah's address in this verse is directed towards the guardians, stating:
فَلَا تَعْضُلُوْهُنَّ اَنْ يَّنْكِحْنَ اَزْوَاجَهُنَّ
(Do not prevent them from remarrying their husbands). Therefore, it is clear that the guardians are responsible for the marriage, and the woman's consent is necessary."
[Sunan Tirmidhi, under Hadith: 2981]
Allama Shawkaani (d. 1250 AH) states regarding this Hadith:
"This Hadith proves that a guardian's permission is a condition for the validity of marriage. If this condition were not present, a woman's and a man's mutual consent would suffice. This Hadith also refutes the analogy made by Imam Abu Hanifa, who argued that a guardian's permission is not necessary by comparing marriage to buying and selling, where a woman has autonomy without a guardian. They applied the Hadith about guardianship only to minors. However, this analogy is flawed and is not supported when compared with the Hadith of Ma'qil ibn Yasar."
[Nayl al-Awtar: 4/197]
Hafiz Ibn Hajar (d. 852 AH) writes:
"There is a scholarly consensus on the necessity of a guardian's permission in marriage. The majority of scholars hold that a woman cannot marry herself. They rely on the Hadith mentioned, with the most compelling evidence being the cause of revelation of this verse, which explicitly indicates the necessity of a guardian's permission. Otherwise, it would not make sense to prohibit the guardian from preventing the marriage. If the woman could marry herself, she would not need her brother, and it would not be said that someone prevented her from marriage. Imam Ibn al-Mundhir has mentioned that no companion disagreed on this issue."
[Fath al-Bari: 9/184]
Argument No. 2:
Allah Almighty says:فَانْكِحُوْهُنَّ بِاِذْنِ اَهْلِهِنَّ وَاٰتُوْهُنَّ اُجُوْرَهُنَّ بِالْمَعْرُوْفِ
[An-Nisa: 25]
"So marry them with the permission of their family and give them their due compensation in a fair manner."
Imam Ibn Jarir al-Tabari comments:
"(باذن اهلهن) means 'with the permission of their guardians and their consent to the marriage.'"
[Tafsir Ibn Jarir: 19/4]
Argument No. 3:
Allah Almighty says:وَلَا تُنْكِحُوا الْمُشْرِكِيْنَ حَتّٰى يُؤْمِنُوْا
[Al-Baqarah: 221]
"Do not marry polytheistic men until they believe."
Imam Bukhari used this verse to argue that marriage is not valid without the permission of the guardian. Hafiz Ibn Hajar writes:
"The reason for the argument is that Allah addressed the issue of marriage to men and not women, indicating that it is the responsibility of the guardians to manage the marriages of their wards."
[Fath al-Bari: 9/184]
Argument No. 4:
Allah Almighty says:وَاَنْكِحُوا الْاَيَامٰى مِنْكُمْ
[An-Nur: 32]
"And marry those among you who are single."
Imam Bukhari also used this verse to prove that marriage without the permission of a guardian is not valid.
After presenting the Quranic arguments, let's look at the Hadith-based evidence:
Argument No. 1:
Aisha (may Allah be pleased with her) describes four types of marriages in the pre-Islamic era, one of which resembles the current Islamic practice:"One form was that a man would approach another man to propose for his ward or daughter and give her dowry, then marry her. When Muhammad (peace and blessings be upon him) came with the truth, he abolished all the pre-Islamic forms of marriage except this one."
[Sahih Bukhari: 2/768, Hadith: 5127]
Imam Bukhari inferred from the words "except the marriage of people today" that a guardian's permission is necessary for a marriage, as Aisha (may Allah be pleased with her) mentioned that the guardian arranges the marriage.
Argument No. 2:
Aisha (may Allah be pleased with her) narrates:"Allah's words:
وَمَا يُتْلٰي عَلَيْكُمْ فِي الْكِتٰبِ فِيْ يَتٰمَي النِّسَاۗءِ الّٰتِيْ لَا تُؤْتُوْنَهُنَّ مَا كُتِبَ لَهُنَّ وَتَرْغَبُوْنَ اَنْ تَنْكِحُوْهُنَّ
[An-Nisa: 127]
were revealed about a girl under the guardianship of a man who did not give her due dowry and did not allow her to marry someone else, fearing that another man would share her wealth."
[Sahih Bukhari: 1/770, Hadith: 5128]
Argument No. 3:
Ibn Umar (may Allah be pleased with him) narrates:"When Hafsa, the daughter of Umar (may Allah be pleased with him), became a widow after the death of her husband Khunais ibn Hudhafah (may Allah be pleased with him), a companion of the Prophet from the Battle of Badr, Umar said, 'I met Uthman ibn Affan and offered him Hafsa's hand in marriage. He replied that he would think about it. After a few days, he said that he did not want to marry at the moment.' Then I met Abu Bakr and offered Hafsa's hand to him, but he remained silent. After some time, the Prophet (peace and blessings be upon him) proposed to her, and I gave her in marriage to him."
[Sahih Bukhari: 1/770, Hadith: 5129]
Imam Bukhari derived from these two Hadiths that marriage without the permission of a guardian is invalid. In the first Hadith, preventing a marriage is attributed to the guardian, indicating their authority. If guardianship in marriage was not significant, the verse would have no purpose, which is not the case.
Argument No. 4:
Abu Musa al-Ash'ari (may Allah be pleased with him) reported that the Prophet (peace and blessings be upon him) said:"There is no marriage without a guardian."
[Al-Mustadrak by Al-Hakim: 173 Hadith 2717, Hasan chain]
This Hadith has been authenticated by Imams Ibn al-Jarud (702), Ibn Hibban (4083), Ali ibn al-Madini (Al-Mustadrak by Al-Hakim: 170/2, Al-Sunan Al-Kubra by Al-Bayhaqi: 108/7), Al-Zahli (Al-Mustadrak by Al-Hakim: 170/2), and Al-Hakim (may Allah have mercy on them).
Hafiz Ibn Hajar says:
"This is an authentic Hadith."
[Takhrij Ahadith al-Mukhtasar: 2/371-372]
This Hadith explicitly states that a marriage is not valid without a guardian.
Amir al-San'ani states:
"The Hadith proves that a marriage is not valid without a guardian, as the principle in negation is the negation of validity, not merely perfection."
[Subul al-Salam: 3/117]
Argument No. 5:
Aisha (may Allah be pleased with her) narrates that the Prophet (peace and blessings be upon him) said:"Any woman who marries without the permission of her guardian, her marriage is invalid, her marriage is invalid, her marriage is invalid. If he consummates the marriage with her, she is entitled to the dowry because he has made her private parts lawful. If they dispute, the ruler is the guardian for the one who has no guardian."
[Musnad Ahmad: 499; Musnad Al-Imam Ahmad: 1/165-166; Musnad Al-Humaydi: 228; Musnad Al-Tayalisi: 1/305; Sunan Abu Dawood: 2083; Sunan Ibn Majah: 1879; Sunan Al-Tirmidhi: 1102; Al-Sunan Al-Kubra by Al-Nasa'i: 5394; Musnad Abi Ya'la: 2083; Sunan Al-Daraqutni: 3/221; Al-Sunan Al-Kubra by Al-Bayhaqi: 7/105]
This Hadith has been deemed "hasan" by Imam Tirmidhi and Ibn Asakir (Ma'jam al-Shuyukh: 234) and "sahih" by Imams Ibn al-Jarud (700), Abu Awana (4259), Ibn Khuzaymah (Fath al-Bari: 9/191), Ibn Hibban (4074, 4075), Al-Bayhaqi (Al-Sunan al-Kubra: 7/107), Ibn al-Jawzi (Al-Tahqiq: 2/255), and Al-Hakim (may Allah have mercy on them).
Imam Yahya ibn Ma'in said:
"The only authentic Hadith in this matter is the one narrated by Sulaiman ibn Musa."
[Tarikh Ibn Ma'in by Al-Duri: 2/236; Al-Kamil by Ibn Adi: 3/1115; Al-Sunan al-Kubra by Al-Bayhaqi: 7/107]
Hafiz Abu Musa al-Madini said:
"This is a well-established and famous Hadith, and it is used as evidence."
[Al-Lataif: 556, 586, 606]
Hafiz Ibn Hajar said it is "hasan."
[Takhrij Ahadith al-Mukhtasar: 2/205]
Al-Bayhaqi commented on the narrators of this Hadith:
"All of them are trustworthy and reliable."
[Ma'rifat al-Sunan wal-Athar: 1/29]
Imam Ibn Adi said:
"This Hadith is significant in this matter (that marriage is not valid without a guardian), and reliance is placed on it to invalidate marriages without a guardian."
[Al-Kamil by Ibn Adi: 3/1115, in another copy: 3/266]
Imam Ibn Hibban said:
"Mention of the invalidity of a marriage that takes place without a guardian."
[Sahih Ibn Hibban: 9/384]
Argument No. 6:
Ali ibn Abi Talib (may Allah be pleased with him) said:"Any woman who marries without the permission of her guardian, her marriage is invalid. There is no marriage without the permission of a guardian."
[Al-Sunan Al-Kubra by Al-Bayhaqi: 7/111, its chain is authentic]
Imam Bayhaqi commented:
"This chain is authentic."
[Al-Sunan Al-Kubra by Al-Bayhaqi: 7/111]
Argument No. 7:
Concerning the marriage of Umm al-Mu'mineen Zainab bint Jahsh (may Allah be pleased with her):"Zainab used to boast to the other wives of the Prophet (peace and blessings be upon him), saying, 'Your families married you, but Allah married me from above the seven heavens.'"
[Sahih Bukhari: 2/1106, Hadith: 6420]
Argument No. 8:
Abu Musa al-Ash'ari (may Allah be pleased with him) reported that the Prophet (peace and blessings be upon him) said:"When a man intends to marry off his daughter, he should seek her consent."
[Musnad Abi Ya'la: 7229, authentic chain]
Hafiz Haythami writes:
"This was narrated by Abu Ya'la and Al-Tabarani, and its narrators are those of Sahih Bukhari."
[Majma' al-Zawa'id: 4/279]
This Hadith instructs a man to seek his daughter's consent before marrying her off, highlighting the importance of the guardian's role in the marriage process.
Argument No. 9:
Ibn Abbas (may Allah be pleased with him) reported that the Prophet (peace and blessings be upon him) said:"A previously married woman has more right over herself than her guardian, and a virgin should be consulted; her silence is her consent."
[Sahih Muslim: 1/455, Hadith: 1431]
In another narration:
"The guardian has no authority over a previously married woman; a virgin should be consulted, and her silence is her consent."
[Sahih Muslim: 1/495, Hadith: 1421]
Imam Ibn Hibban explains this Hadith:
"The meaning of 'the previously married woman has more right over herself' is that she has the right to choose among the suitors whom she likes, saying, 'I like so-and-so' or 'I do not like so-and-so.' This does not mean that the marriage contract is in her hands instead of the guardian's."
[Sahih Ibn Hibban, under Hadith: 4087]
He further explains the phrase "the guardian has no authority over a previously married woman":
"The meaning of the Prophet's (peace and blessings be upon him) statement 'the guardian has no authority over a previously married woman' is that the woman has the right to choose and give her consent to the marriage. However, the contract itself is the guardian's responsibility."
[Sahih Ibn Hibban, under Hadith: 4087]
Imam Tirmidhi writes under this Hadith:
"Some people have used this Hadith to argue for the validity of marriage without a guardian. However, this Hadith does not support their claim, as it is narrated from various chains from Ibn Abbas that the Prophet (peace and blessings be upon him) said: 'There is no marriage without a guardian.' [Sunan Ibn Majah: 1880, Hasan chain and authentic Hadith]. Similarly, Ibn Abbas issued a fatwa after the Prophet's (peace and blessings be upon him) time, stating, 'There is no marriage without a guardian.' [Sunan Sa'id bin Mansur: 553, Musannaf Ibn Abi Shaybah: 4/128, its chain is weak]. The meaning of 'the previously married woman has more right over herself than her guardian' according to most scholars is that the guardian cannot marry her off without her consent. If he does, the marriage is annulled, as in the case of Khansa bint Khidam [Sahih Bukhari: 1/771, Hadith: 5138; Sunan Tirmidhi: 1108], whose father married her off, but she disliked the marriage, and the Prophet (peace and blessings be upon him) annulled it."
[Sunan Tirmidhi, under Hadith: 1108]
Allama Sindi Hanafi writes:
"The statement 'the previously married woman has more right over herself' implies participation, meaning that both she and her guardian have rights in her marriage. Her right is stronger than her guardian's because she cannot be compelled due to the guardian, and the guardian can be compelled due to her. If the guardian refuses, the judge marries her off. This Hadith does not contradict the Hadith 'There is no marriage without a guardian.'"
[Hashiyah Al-Sindi on Al-Nasa'i: 6/84]
Hafiz Nawawi similarly states:
"The scholars say that the term 'the previously married woman' here refers to a previously married woman."
[Sharh Sahih Muslim by Al-Nawawi: 1/455]
The term "the previously married woman" (al-Ayyim) in this context specifically refers to a previously married woman, not a virgin, as demonstrated by the distinction in the Arabic text. Hafiz Nawawi and other scholars have clarified that the term used here applies to a previously married woman who has more control over her marriage decision than her guardian, emphasizing the importance of her consent.
Imam Sa'id bin Al-Musayyib and Imam Hasan al-Basri said regarding a woman who married without the permission of her guardian: "They should be separated."
[(Musannaf Ibn Abi Shaybah: 4/131, Hadith: 16176, its chain is authentic)]
Imam Tirmidhi said:
"This is the opinion of Sufyan al-Thawri, Al-Awza'i, Malik, Abdullah ibn al-Mubarak, Al-Shafi'i, Ahmad, and Ishaq, who all hold that a marriage is not valid without a guardian's permission."
[Sunan Tirmidhi, under Hadith: 1107]
Allama Ibn Taymiyyah writes:
"The evidence for the necessity of a guardian's permission in marriage is found in several places in the Quran and Sunnah. It was the practice of the Companions to arrange marriages for women; it is not known that any woman married herself. This distinction between marriage and unlawful relationships is made clear."
[Majmu' al-Fatawa: 32/131]
Ibn Qudamah writes:
"Marriage is not valid without a guardian, and a woman cannot marry herself or appoint someone other than her guardian to marry her off. If she does so, the marriage is invalid."
[Al-Mughni: 6/149]
Shah Waliullah Dehlavi explains the wisdom behind the requirement of a guardian's permission in marriage:
"The condition of a guardian in marriage elevates the status of guardians and prevents the disgrace of women being involved in marriage independently. This condition distinguishes marriage from immorality, with the guardian's presence being a key aspect of this distinction."
[Hujjatullah al-Baligha: 2/127]
Objection:
Aisha (may Allah be pleased with her) arranged the marriage of Hafsa bint Abdur Rahman to Al-Mundhir ibn Al-Zubayr while Abdur Rahman was away in Syria. When Abdur Rahman returned, he said, "How could this happen without my consultation? How could this happen without my consultation?" Aisha (may Allah be pleased with her) then spoke to Al-Mundhir, who said, "This happened after Abdur Rahman came back." Abdur Rahman said, "I will not reject a decision made by you." Thus, Hafsa stayed with Al-Mundhir, and it was not considered a divorce.[Muwatta Imam Malik: 2/555; Al-Sunan Al-Kubra by Al-Bayhaqi: 7/112-113]
Response:
This was done with Aisha's (may Allah be pleased with her) consultation, and the marriage was attributed to her, but another guardian must have been involved because a woman cannot be a guardian for another woman. There is no indication that this marriage took place without a guardian, as Hafiz Ibn Hajar states:
"It is answered that the report does not explicitly state that Aisha (may Allah be pleased with her) officiated the marriage; it is possible that the mentioned woman was previously married and sought a compatible partner, and her guardian was absent, so the guardianship moved to a distant guardian or the ruler."
[Fath al-Bari: 9/186]
Imam Al-Bayhaqi comments on this narration:
"It means that Aisha (may Allah be pleased with her) arranged the marriage, but she did not act as the guardian herself; the marriage was attributed to her because she participated in arranging it, which is among the reasons for the marriage."
[Al-Sunan Al-Kubra by Al-Bayhaqi: 4/113]
Thus, Aisha (may Allah be pleased with her) did nothing against her narration, Alhamdulillah!
It is noteworthy that wherever the Quran attributes marriage to a woman, it refers to a previously married woman, not a virgin. Some people mistakenly try to create a conflict between the Quran and Hadith.
Abdur Rahman ibn Abi Zinad narrated from his father, one of the jurists of Madinah, who said:
"The fuqaha' (jurists) whose opinions were relied upon used to say: A woman cannot marry herself or another woman."
[Al-Sunan Al-Kubra by Al-Bayhaqi: 4/113, its chain is hasan]
The famous Tabi'i, Imam Muhammad ibn Sirin, said:
"A woman cannot marry herself or another woman."
[Musannaf Ibn Abi Shaybah: 4/133, its chain is authentic]
Argument No. 2:
Ali ibn Abi Talib (may Allah be pleased with him) reportedly said:"He permitted the marriage of a woman without a guardian, arranged by her mother with her consent."
[Musannaf Ibn Abi Shaybah: 4/132]
Comment:
The chain of this narration is extremely weak because:
- Abu Muawiyah al-Darir is a mudallis (one who conceals defects in transmission) and narrates from 'an (without clearly stating a direct hearing).
- There is an ambiguous and unknown narrator in the chain.
- It contradicts the Quran, Hadith, and the statement of Ali (may Allah be pleased with him) himself.