Question:
What is the ruling regarding a woman who marries without her guardian's permission, while her guardian is in another city and could have been contacted?
Answer:
This marriage is invalid (باطل). The evidence for this ruling is the narration of Abu Musa Al-Ash'ari (رضي الله عنه), recorded in the Sunan Arba'a (the four major Sunan), in which the Messenger of Allah (ﷺ) said:
«لَا نِكَاحَ إِلَّا بِوَلِيٍّ»
(Sahih Sunan Abi Dawood, Hadith No. 2085)
"There is no (valid) marriage without a guardian."
However, if a woman lies to someone and claims that she does not know the whereabouts of her guardian, and the man marries her based on this false information, then later the woman informs him of the actual situation, this marriage would initially appear to be valid. However, until the true circumstances become clear, this contract remains a dubious marriage (عقد شبہہ).
Once the correct situation becomes clear:
[Shaykh Muqbil bin Hadi Al-Wadi'i (رحمه الله)]
What is the ruling regarding a woman who marries without her guardian's permission, while her guardian is in another city and could have been contacted?
Answer:
This marriage is invalid (باطل). The evidence for this ruling is the narration of Abu Musa Al-Ash'ari (رضي الله عنه), recorded in the Sunan Arba'a (the four major Sunan), in which the Messenger of Allah (ﷺ) said:
«لَا نِكَاحَ إِلَّا بِوَلِيٍّ»
(Sahih Sunan Abi Dawood, Hadith No. 2085)
"There is no (valid) marriage without a guardian."
However, if a woman lies to someone and claims that she does not know the whereabouts of her guardian, and the man marries her based on this false information, then later the woman informs him of the actual situation, this marriage would initially appear to be valid. However, until the true circumstances become clear, this contract remains a dubious marriage (عقد شبہہ).
Once the correct situation becomes clear:
- The man is not permitted to have relations with the woman without renewing the marriage contract.
- If the guardian arrives and objects to the marriage, the matter must be taken to the judge (قاضی), who will perform the marriage contract if appropriate.
[Shaykh Muqbil bin Hadi Al-Wadi'i (رحمه الله)]