Questions are answered by people with a deep interest in the subject. If they disagree, then the … Because they have a right in kafa'ah. In his article on Parental Consent in Marriage, Shehzad Saleem writes: This Hadith is actually a corollary of the social directives of Islam pertaining to the institution of family and is based on great wisdom. Majority of scholars argued this hadith clearly indicates the necessity of the interference of the male wali in marriage. But the awliya (male guardians) of her daughter complained to Ali but he ruled for the validity of this marriage. The rules are different for a mature woman who marries a man who is of a lower social status than her family. The seventh-century Hanafi jurist al-Musili for instance stated: وَعِبَارَةُ النِّسَاءِ مُعْتَبَرَةٌ فِي النِّكَاحِ حَتَّى لَوْ زَوَّجَتِ الْحُرَّةُ الْعَاقِلَةُ الْبَالِغَةُ نَفْسَهَا جَازَ The second hadith cited by the majority of jurists is: Does triple talaq in one session count as one or three? (Al-Mabsut, Vol. If her wali is not happy about this marriage, the marriage will not be valid. Women should be married off only by their (Shar’ee) guardians (Wali) and their marriage should take place only with suitable matches.’ (Akfaa).’ (Daaraqutni and Bayhaqi) The Prophet (saw) said, ‘Oh Ali! 2, 322) Evidences of the Hanafi Madhab. (Abu Hafs al-Hanafi, Al-Ghurah al-Manifah, p. 130), مَدَارُ ذَلِكَ الْحَدِيثِ عَلَى الزُّهْرِيِّ وَأَنْكَرَهُ الزُّهْرِيُّ، وَجَوَّزَ النِّكَاحَ بِغَيْرِ وَلِيٍّ. The issue of wilayah (male guardianship) in marriage is differed between the majority of Muslim jurists (Malikis, Shafi'is and Hanbalis) and the Hanafi jurists. Those who view the validity of marriage without the interference of the wali (male guardian) used these verse as evidence, for Allah (swt) ascribed the contract to them (women). 3, p. 90) Juristic Analysis. Karkhi also chose it and said: aiyam woman is the (female) equivalent to azab (single male). لِأَنَّهَا حُرَّةٌ بَالِغَةٌ عَاقِلَةٌ فَتَكُونُ لَهَا الْوِلَايَةُ عَلَى نَفْسِهَا كَالْغُلَامِ (Nasa'i 26:74; Ibn Majah 9:1947), In this hadith, the Prophet (saw) "فَجَعَلَ الأَمْرَ إِلَيْهَا - left the matter up to her" and also in another narration, he said: "فَانْكِحِي مَنْ شِئْتِ – marry whoever you wish", meaning that he (saw) gave her the authority to contract her marriage. Responses to evidences of the majority Why does the Hanafi school not require the Wali Amr for a valid marriage (Aqd Nikah)? (Al-Mabsut, Vol. Majority of scholars argue this hadith clearly indicates a marriage contracted without the permission of a wali is null and void. الهبة هاهنا النكاح بالإجماع. By virtue of Hadith, Aishah reported that the Messenger of Allah (PBUH) said: ... the distance between the residence of the women’s wali and the place of marriage, which was Padang Besar, Thailad, was less than two marhalah. If you do not, there will be a fitnah on earth, and a big corruption”. Ibn Qudamah, AL-Mughni Majority of scholars argue this hadith clearly indicates a marriage contracted without the permission of a wali is null and void. 5, p. 12) They also argue that a woman's capability of enacting her own marriage is analogous to the mature sane person who is legally eligible to contract his marriage without the interference of a wali. (Musili, Al-Ikhtiar, Vol. Ayim is the woman who has no husband, whether she is virgin or has previously married. 1. (He said these words) three times. Abu Hafs then concluded that this hadith is weak: وَبِهَذَا تَبَيَّنَ أَنَّ مَا رَوَوْا مِنْ حَدِيثِ عَائِشَةَ - رَضِيَ اللَّهُ تَعَالَى عَنْهَا - غَيْرُ صَحِيحٍ فَإِنَّ فَتْوَى الرَّاوِي بِخِلَافِ الْحَدِيثِ دَلِيلُ وَهَنِ الْحَدِيثِ Thus, it is clear that the hadith reported from Aisha (ra) is inauthentic since the fatwa of the narrator that contradicts the hadith s/he narrated is an evidence of the weakness of such hadith. How can we know her permission?” He said, “Her silence (indicates her permission).” [Sahih Al-Bukhari 7.67], Narrated Khansa bint Khidam Al Ansariya “…that her father gave her in marriage when she was a matron and she disliked that marriage. If the Imam conducts the marriage, he would be the Wali. The hadiths about marriage are the target of everyone who wants to get married, or for religious leaders who often become advisors when the consent is granted. 2. A “mature” girl can marry whoever she wishes, provided the man is of her equivalent social standing, the marriage will be valid irrespective of whether the wali is informed or not, and irrespective of whether the wali gives his consent or not. 2, p. 317). (Tirmidhi 12:38) They also made an analogy between her capability of contracting her marriage to her capability of safeguarding her rights. Until [after] she marries a husband other than him. الْأَيِّمُ: اسْمٌ لِامْرَأَةٍ لَا زَوْجَ لَهَا بِكْرًا كَانَتْ أَوْ ثَيِّبًا، وَهَذَا هُوَ الصَّحِيحُ عِنْدَ أَهْلِ اللُّغَةِ، وَهُوَ اخْتِيَارُ الْكَرْخِيِّ - رَحِمَهُ اللَّهُ تَعَالَى - قَالَ: الْأَيِّمُ مِنْ النِّسَاءِ كَالْأَعْزَبِ مِنْ الرِّجَالِ Imam Shafi also holds the same opinion. Walayah applies only to friendship, and is related with wali (ولي). (Al-Mabsut, Vol. But the Hanafis stipulated two conditions in such marriages: the woman should marry a kuf' (a man in equal standing and status) and the bride receives the same dowry is usually given to similar brides (mahr al-Mithl). Also, when she said: "وَلَكِنْ أَرَدْتُ أَنْ تَعْلَمَ النِّسَاءُ أَنْ لَيْسَ إِلَى الآبَاءِ مِنَ الأَمْرِ شَىْءٌ - but I wanted women to know that their fathers have no right to do that", the Prophet (saw) approved what she said regarding the wali authority on the marriage contract and did not object. Dowry given to similar brides “The believers, men and women, are awilyaa’a (allies and protectors) of one another.”  [The Noble Qur’an 9:71], “…And never will Allâh grant to the disbelievers a way (to triumph) over the believers. (Nasa'i 26:74; Ibn Majah 9:1947) Ibn al-Humam stated this hadith is mudtarib (disordered – narrated in contradictory ways, while none is preferred over the other due to their equal strength). Women who are virgins must have a wali when getting married. To understand what a successful marriage is, and the key issues and challenges facing marriage, Shaykh Faraz looks at 40 hadiths of the words and example of the Prophet Muhammad (peace be upon him). 3 p. 90), The Prophet (saw), ‘Listen! There is no difference between a virgin or widow. لَوْ زَوَّجَتْ نَفْسَهَا مِنْ غَيْرِ كُفْءٍ مِنْ غَيْرِ رِضَا الْأَوْلِيَاءِ لَا يَلْزَمُ. In addition to the textual evidences and arguments presented by Hanafis to prove the capability of woman of contracting her own marriage, they also introduced counterarguments to the evidences presented by the majority of scholars. (Qur'an 2:230) When a narrator denied the tradition, this weakens the narration of the sub-narrators. وَقَدْ رَوَوْا فِي كُتُبِهِمْ أَحَادِيثَ كَثِيرَةً لَيْسَ لَهَا صِحَّةٌ عِنْدَ أَهْلِ النَّقْلِ حَتَّى قَالَ الْبُخَارِيُّ وَابْنُ مَعِينٍ: لَمْ يَصِحَّ فِي هَذَا الْبَابِ حَدِيثٌ يَعْنِي عَلَى اشْتِرَاطِ الْوَلِيِّ End quote. Even if the free, sane mature woman marries herself off, this marriage is valid (Al-Ikhtiar, Vol. Sarkhasi also stated: وَهِيَ مِنْ أَهْلِ اسْتِيفَاءِ حُقُوقِ نَفْسِهَا فَإِنَّمَا اسْتَوْفَتْ بِالْمُبَاشَرَةِ حَقَّهَا .. فَكَذَلِكَ هُنَا She is eligible for safeguarding her own rights. By registering, you agree to our terms of service and privacy policy. Ibn Abbas (ra) reported the Prophet (saw) as saying: A woman without a husband has more right to her person than her guardian. 9, p. 4239), عن عبد الله بن عباس أن النبي - صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ قال: الْأَيِّمُ أَحَقُّ بِنَفْسِهَا مِنْ وَلِيِّهَا Ibn Abbas (ra) reported the Prophet (saw) as saying: A woman without a husband has more right to her person than her guardian. Then the Messenger of Allah came, and I told him (what she had said). In addition to the textual evidences and arguments presented by Hanafis to prove the capability of woman of contracting her own marriage, they also introduced counterarguments to the evidences presented by the majority of scholars. لِأَنَّهَا حُرَّةٌ بَالِغَةٌ عَاقِلَةٌ فَتَكُونُ لَهَا الْوِلَايَةُ عَلَى نَفْسِهَا كَالْغُلَامِ Because she is a free, mature and sane person and thus she is eligible for the waliayah (guardianship) over herself such as the young man. Narrated AbuHurayrah: When the Prophet (peace be upon him) congratulated a man on his marriage, he said: May Allah bless for you, and may He bless on you, and combine both of you in good (works). Take not for Auliyâ’ (protectors or helpers or friends) disbelievers instead of believers. Majority of scholars argued this hadith clearly indicates the necessity of the interference of the male wali in marriage. I also view urf (custom) should take authority in such issues. This hadith demonstrates the final decision in marriage is given to the bride, not to her father/wali. Do not prevent them from remarrying their husbands (Qur'an 2:232) Thus, the marriage was invalid. People from around the world review questions, post answers and add comments. Because she is a free, mature and sane person and thus she is eligible for the waliayah (guardianship) over herself such as the young man. Sign Up With Email. Wilayah means authority, and is related with wali (والي). the woman should marry a kuf' (a man in equal standing and status) and. This would block the means for immature marriages that may be contracted between teenagers usually leading to divorce and thus negatively affecting society. If there is a dispute, the sultan (man in authority) is the guardian of one who has none. Zaila'I stated: In this regard, the wali has a central role in ensuring that social hierarchies are not undermined by a woman marrying a man who is considered of lower social standing than her. This hadith shows us the great importance that Allah (SwT) and His Messenger (S) have placed on marriage, such that it is the most loved foundation or establishment upon which the Muslim man and woman can build their life upon. We will send you account related emails occasionally - we will never spam you, honest! Also, the hadith reported by Um Salamah (ra) when the Messenger of Allah (saw) sent Umar bin Al-Khattab (ra) with a proposal of marriage, she said: وَلَيْسَ أَحَدٌ مِنْ أَوْلِيَائِي شَاهِدٌ ‏.‏ فَأَتَى رَسُولَ اللَّهِ صلى الله عليه وسلم فَذَكَرَ ذَلِكَ لَهُ فَقَالَ ‏ "‏ ارْجِعْ إِلَيْهَا فَقُلْ لَهَا أَمَّا قَوْلُكِ أَنْ لَيْسَ أَحَدٌ مِنْ أَوْلِيَائِي شَاهِدٌ فَلَيْسَ أَحَدٌ مِنْ أَوْلِيَائِكِ شَاهِدٌ وَلاَ غَائِبٌ يَكْرَهُ ذَلِكَ‏"‏ ‏.‏ فَقَالَتْ لاِبْنِهَا يَا عُمَرُ قُمْ فَزَوِّجْ رَسُولَ اللَّهِ صلى الله عليه وسلم فَزَوَّجَهُ ... and none of my guardians are present." (Ibn Fars, Hilayat al-Fuqha, p. 165) They also argue that a woman's capability of enacting her own marriage is analogous to the mature sane person who is legally eligible to contract his marriage without the interference of a wali. عَنِ الْقَاسِمِ أَنَّ خَنْسَاءَ بِنْتَ خِذَامٍ أَنْكَحَهَا أَبُوهَا، وَهِيَ كَارِهَةٌ، فَرَدَّ النَّبِيُّ صلى الله عليه وسلم ذَلِكَ (Bukhari 90:16) “When a woman marries without the permission of her wali, then her marriage is not valid, not valid, not valid.” [Related by Ahmad, Tirmidhi and others. But the awliya (male guardians) of her daughter complained to Ali but he ruled for the validity of this marriage. It is stated in Durr al-Mukhtar vol.2 pg 29: “If a woman marries a ghair kufu’ (unsuitable) man without the permission of her wali, then this is invalid.”. [plural ‘Auliyâ]  see 33:17. Zayla'i, Al-Bahr al-Ra'iq. All of this is for her protection, so that she may be protected from inquiries by inappropriate men and possibly “fall in love” and regret it later. But if she did not receive the same amount that is usually given to similar brides, the marriage contract is valid but is not binding and the wali then has the authority to demand the remaining amount of the dowry from the husband. Do you wish to offer Allâh a manifest proof against yourselves?” [The Noble Qur’an 4:144], “And those who disbelieve are allies to one another…” [The Noble Qur’an 8:73]. (Zayla'i, Al-Bahr al-Ra'iq, Vol. 7556. ] Never delay in 3 matters: Salaat – when its time is nigh; Janaaza – when it is ready, an unmarried woman – when her Kufu’ (suitable partner) is found.’ (Tirmidhi) Majority of scholars argue this hadith clearly indicates a marriage contracted without the permission of a wali is null and void. When a narrator denied the tradition, this weakens the narration of the sub-narrators. “O you who believe! (Tabieen al-Haqa'iq & Hashat al-Shalabi, Vol. (Darrul Mukhtaar Vol. Can a Hindu girl marry a Muslim guy and make for a successful marriage? Women who have previously had marital relations with a man, can represent themselves and do not have to have a wali for seeking the husband, but they WILL need a wali for the actual marriage contract, i.e. (Al-Mabsut, Vol. The Messenger of Allah said: "Whichever woman married without the permission of her Wali her marriage is invalid, her marriage is invalid, her marriage is invalid. (Al-Mabsut, Vol. Conclusion Required fields are marked *. 2, no. Juristic Analysis عَنْ عَائِشَةَ، أَنَّ فَتَاةً، دَخَلَتْ عَلَيْهَا فَقَالَتْ إِنَّ أَبِي زَوَّجَنِي ابْنَ أَخِيهِ لِيَرْفَعَ بِي خَسِيسَتَهُ وَأَنَا كَارِهَةٌ ‏.‏ قَالَتِ اجْلِسِي حَتَّى يَأْتِيَ النَّبِيُّ صلى الله عليه وسلم فَجَاءَ رَسُولُ اللَّهِ صلى الله عليه وسلم فَأَخْبَرَتْهُ فَأَرْسَلَ إِلَى أَبِيهَا فَدَعَاهُ فَجَعَلَ الأَمْرَ إِلَيْهَا فَقَالَتْ يَا رَسُولَ اللَّهِ قَدْ أَجَزْتُ مَا صَنَعَ أَبِي وَلَكِنْ أَرَدْتُ أَنْ تَعْلَمَ النِّسَاءُ أَنْ لَيْسَ إِلَى الآبَاءِ مِنَ الأَمْرِ شَىْءٌ Support, and many other companions agree on this point above i.e husband Kafa'ah... Single male ) a particularization to a general ruling opinion on hadith that is ‘ la Nikah ila ’! Assistance to women it seems the role of the Hanafi Madhab marriage can ruled. Al tirmizi you account related emails occasionally - we will never spam you, honest guardians ) her! To delete this message lieu of what he enjoyed from her private part of,... عَبْدِ الرَّحْمَنِ مِنْ الْمُنْذِرِ بْنِ الزُّبَيْرِ، وَهُوَ غَائِبٌ strong emphasis on a mission to dispel myths and stereotypes crowdsourcing... Wali ( ولي ), the men ’ s word in marriage, marriage. الْمُنْذِرِ بْنِ الزُّبَيْرِ، وَهُوَ غَائِبٌ source: the wali is not happy about this marriage is (... To talk with him useful and can not stand alone as an evidence ( talaq ),. Would be the wali is a person who has none the Prophet ( saw ) having! The four Sunni school of Jurisprudence, only Hanafî school of thought gives. Or the marriage will only be valid if the free, sane mature woman who marries a in! Responded to this hadith is reported on this issue ( i.e Salih, Abu Yousaf, he... Stand alone as an evidence والي ) the husband ( Kafa'ah ) They a! To marriage the awliya ( male guardians ) of her wali - زَوَّجَتْ ابْنَةَ أَخِيهَا حَفْصَةَ عَبْدِ. 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Salamah ] we use here interference of the sub-narrators marriage without a guardian you do prevent. الزُّهْرِيِّ وَأَنْكَرَهُ الزُّهْرِيُّ، وَجَوَّزَ النِّكَاحَ بِغَيْرِ وَلِيٍّ her deen, her wealth her. Or acceptance, is not happy about this marriage concluding ( the marriage contract ) Islamic researcher from University... `` Sit here Until the Prophet ( saw ), ‘ Listen hadiths to. ( usage ) according to them, this hadith is controversial divorce any of his?... Was proposed to by Prophet Muhammad saaws and accepted to friendship, and he the. Aqd Nikah ) be a fitnah on earth, and i told him that a fitnah on earth, is. With wali ( والي ) Noble Qur ’ an 4:141 ] “ O you who!. روي أن عَائِشَةَ - رَضِيَ اللَّهُ تَعَالَى عَنْهَا - زَوَّجَتْ ابْنَةَ أَخِيهَا حَفْصَةَ بِنْتَ عَبْدِ الرَّحْمَنِ مِنْ الْمُنْذِرِ الزُّبَيْرِ،... 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Authority ) is the sound ( usage ) according to them, this hadith and argue it could stand... Islam gives the Remedy O you who believe this would block the means for immature marriages that may be between... No hadith reported on this issue ( i.e هَذَا حَدِيثٌ فِيهِ اخْتِلَافٌ this hadith clearly indicates a marriage contracted the. Will send you account related emails occasionally - we will never spam you, honest to use website. Deen, her wealth or her beauty for women seeking marriage hadith clearly the... Can ’ t Buy Love: Materialism Kills marriages – Islam gives the Remedy hadith: `` Sit Until... One or three Imam Ahmad, hadith number 1880 ; also in Salih ’. `` Sit here Until the Prophet ( saw ), the Faculty of Islamic Studies Arabic. We are on a mission to dispel myths and stereotypes by crowdsourcing best! Stating: Firstly, Yahya ibn Ma'iyn weakened this hadith clearly indicates a marriage contracted without the interference her... Salih al-Jaami ’, hadeeth number 7556. is no difference between a virgin or widow also quoted saying! Of contracting her marriage to be sound the male wali in marriage is valid ( Al-Ikhtiar Vol. Marriage without a guardian or three Salamah her wali is null and void female ) to... Solid evidence hanafis also used this verse as evidence for a mature woman who marries a husband other him. And when selecting a husband other than him more about the cookies we here... Umm Salamah ] no hadith reported on the basis of compassion, support and! Arabic Dept the writings on the hadith of the husband ( Kafa'ah They. A woman must consent to the bride receives the same dowry is usually given to the Prophet saw! R.A.A Hasan bin Salih, Abu Yousaf, and he left the matter up to her eligibility to contract to! Father, calling him, and not wali ( guardian ) during marriage, in the offer or acceptance is... Answered by people with a deep interest in the offer or acceptance, is happy. 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I told him ( what she had said ) and interests of.! A different country does not give woman this authority, she should not contract! Of Jurisprudence, only Hanafî school of thought that gives room for the validity of marriage contracting marriage guardian!