❖ Extracted from Fatāwā Amunpuri by Shaykh Ghulām Mustafa Zaheer Amunpuri ❖
✿ Can a Maternal Grandmother Act as Guardian (Walī) in the Marriage of a Girl Raised by Her? ✿
The Ruling:
If a girl’s mother passes away when she is young (e.g., three years old), and the maternal grandmother (nānī) raises her until she reaches puberty, this does not grant the grandmother the right to act as her walī (legal guardian) in marriage.
According to Islamic jurisprudence, no woman—whether mother, grandmother, or any other female relative—can act as a walī in nikāḥ.
Only qualified male guardians from the girl’s paternal side are permitted to fulfill this role.
Evidences from the Scholars
❀ The Seven Fuqahāʾ (Fuqahāʾ Sabʿah) stated:
«لا تعقد امرأة عقدة النكاح فى نفسها، ولا فى غيرها»
“A woman may not contract a marriage for herself or for any other woman.”
Al-Sunan al-Kubrā by al-Bayhaqī 7/113 – ḥasan isnād❀ Shaykh al-Islām Ibn Taymiyyah رحمه الله (728H) wrote:
“The condition of a walī in nikāḥ is established through multiple evidences in Qur’ān and Sunnah. It was the consistent practice of the Companions that men conducted the marriage contracts of women.
It was never proven that a woman married herself during their time.
This is the clear distinction between lawful marriage and unlawful relations.”
Majmūʿ al-Fatāwā 32/131❀ Imām Ibn Qudāmah al-Maqdisī رحمه الله (620H) wrote:
“Marriage is not valid except through a walī.
A woman has no authority to contract marriage—neither for herself nor for another woman.
She also cannot appoint a non-walī as her representative in marriage.
If she does, the marriage is invalid.”
Al-Mughnī 6/149❀ Shah Walīullāh al-Dihlawī رحمه الله explained the wisdom behind this condition:
“Requiring the walī in marriage honours the role of male guardians, while allowing a woman to independently contract her marriage is disgraceful.
It leads to immodesty, audacity towards men, and disregard for honour.
Furthermore, the presence of the walī distinguishes marriage from fornication, as the former is public and formal, and the walī's presence is a central part of that formality.”
Ḥujjatullāh al-Bālighah 2/127◈ Key Points:
① No woman can serve as walī in marriage—not even a mother or grandmother.
② Marriage is not valid without a qualified male guardian from the paternal line.
③ A maternal grandmother raising a child does not gain the legal authority to contract her marriage.
④ This is a matter of unanimous scholarly agreement among the classical jurists.
⑤ The purpose is to preserve modesty, ensure proper oversight, and prevent secret or invalid unions.
