It says in Badaa’i‘ as-Sanaa’i‘ (2/252): Most of the scholars said that having witnesses is a condition of the marriage … But Abu Hafs al-Hanafi responded to this hadith by stating: The Prophet (saw) said, ‘Oh Ali! Do not prevent them from remarrying their husbands (Qur'an 2:232) Majority of scholars argued this hadith clearly indicates the necessity of the interference of the male wali in marriage. English translation of hadith upto 300 characters. (Musili, Al-Ikhtiar, Vol. Copyright © 2010 - 2017 Pure Matrimony. In all cases, the woman must consent to the marriage or the marriage can be ruled invalid. Thus, the marriage was invalid. 2, 322) But if the custom of a different country does not give woman this authority, she should not individually contract her marriage. [plural ‘Auliyâ]  see 33:17. Qaduri argues: الهبة هاهنا النكاح بالإجماع. لَوْ زَوَّجَتْ نَفْسَهَا مِنْ غَيْرِ كُفْءٍ مِنْ غَيْرِ رِضَا الْأَوْلِيَاءِ لَا يَلْزَمُ. (Ibid, Vol. Abu Hafs al-Hanafi, Al-Ghurah al-Manfiyah Whoever says women cannot enact (marriage contract), he rejects the Qur'anic precept. Tirmidhi said, this is a hasan Hadith]. So she went to Allah’s Apostle and he declared that marriage invalid.” [Sahih Al-Bukhari 7.69], “…Her guardian should not make a promise (to somebody to get her married to him) without her knowledge…” [Sahih Al-Bukhari 7.56]. How does a husband take back a wife (raj'ah) after undertaking a revocable divorce (talaq)? (Tirmidhi 12:38). Quran (Al-Mabsut, Vol. Marriage guardian (walî al-nikâh) is one of the important issues in Islamic law. 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). If there is a dispute, the sultan (man in authority) is the guardian of one who has none. لِأَنَّهَا حُرَّةٌ بَالِغَةٌ عَاقِلَةٌ فَتَكُونُ لَهَا الْوِلَايَةُ عَلَى نَفْسِهَا كَالْغُلَامِ 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.”. 'Alqama reported: While I was walking with 'Abdullah at Mina, 'Uthman happened to meet him. By registering, you agree to our terms of service and privacy policy. References الهبة هاهنا النكاح بالإجماع. Hadith 1102 of the book on marriage by jami al tirmizi. Unlike the majority of scholars who maintained that wilayah in marriage is a rukn (pillar) of marriage and a condition for its validity, Hanafis viewed wilayah is not a condition for the validity of the marriage, but a condition for its completion (shart kamal). This is the sound (usage) according to the linguists. (Bada'i al-Sana'i, Vol. ( Al-Mabsut, Vol. The statement of women is legally allowed in marriage. Because they have a right in kafa'ah. Dowry given to similar brides 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. 5, p. 12) Al-Tirmidhi Hadith 3137 Narrated by Abu Hurayrah Allah's Messenger (saws) said, "A woman may not give a woman in marriage, nor may she give herself in marriage, for the immoral woman is the one who gives herself in marriage." (Al-Mabsut, Vol. 3 p. 90), The Prophet (saw), ‘Listen! Wali is one of the requisites of marriage, the majority of jurists hold the opinion that the marriage of a woman without her wali is invalid and void. However they stipulated two important conditions which if not fulfilled, the wali has the right to nullify the marriage contract: 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). Alternatively, (Zayla'i, Al-Bahr al-Ra'iq, Vol. Thus, if the custom of a certain country preserves the woman's right for individually contracting her marriage, such marriages should be valid. Hanafis presented a linguistic argument here, they said that the word "الْأَيِّمُ" is used to refer to any single unmarried women, whether she married before or not. 1. If she married herself off to a man who is not kuf' (suitable) without the consent of her awliya, this marriage contract is not valid. People from around the world review questions, post answers and add comments. (Qaduri, Al-Tajrid, Vol. Ibn al-Hummam, Fath al-Qadir The necessity to have a wali in a marriage is emphasised in the hadith of the Prophet which states to the effect that: “There is no marriage without wali”. Suitability of the husband (Kafa'ah) Zaila'I stated: Thus, if the custom of a certain country preserves the woman's right for individually contracting her marriage, such marriages should be valid. (Zayla'i, Tabieen al-Haqa'iq , Vol 2, p. 117). Shams al-A'imma al- Sarakhsi stated: وَأَمَّا مَنْ جَوَّزَ النِّكَاحَ بِغَيْرِ وَلِيٍّ اسْتَدَلَّ بهذه الأيات، حيث أن المولي سبحانه وتعالي أَضَافَ الْعَقْدَ إلَيْهِنَّ فِي هَذِهِ الْآيَاتِ فَدَلَّ أَنَّهَا تَمْلِكُ الْمُبَاشَرَةَ 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). (Tabieen al-Haqa'iq & Hashat al-Shalabi, Vol. 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. [Dusuqi, Hashiya Al Sharh al Kabir] وَالْمَعْنَى فِيهِ أَنَّهَا تَصَرَّفَتْ فِي خَالِصِ حَقِّهَا وَلَمْ تُلْحِقْ الضَّرَرَ بِغَيْرِهَا فَيَنْعَقِدُ تَصَرُّفُهَا كَمَا لَوْ تَصَرَّفَتْ فِي مَالِهَا Until [after] she marries a husband other than him. Juristic Analysis 5, p. 12). Evidences of the Hanafi Madhab Sunnah Shaykh Al Albaanee declares it authentic in Saheeh Al Jaami’ vol. Shawkani, Nayl al-Awtar (Ibn Majah, 9:1955). I also view urf (custom) should take authority in such issues. Sahabah If the husband paid the remaining of the dowry, the contract would become valid but if he did not, he has the right to nullify the marriage contract. 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. [source: The Alim for Windows release 4.51, Biography of Umm Salamah]. وَهِيَ مِنْ أَهْلِ اسْتِيفَاءِ حُقُوقِ نَفْسِهَا فَإِنَّمَا اسْتَوْفَتْ بِالْمُبَاشَرَةِ حَقَّهَا .. فَكَذَلِكَ هُنَا Hadith 1102 of the book on marriage by jami al tirmizi. By continuing to use our website, you have consented to our use of cookies. 9, p. 4254; Abu Hafs al-Hanafi, Al-Ghurah al-Manifah, p. 130). Sign Up With Email. (Tirmidhi 12:38) This led the Hanafi jurist and traditionist, Zayla'i, to say: 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 They reported in their books various hadiths which are not sahih according to the traditionists. 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). In a sense, the husband becomes her guardian, but not in the sense that her husband becomes her "wali" (if I understand correctly). (Abu Hafs al-Hanafi, Al-Ghurah al-Manifah, p. 130), مَدَارُ ذَلِكَ الْحَدِيثِ عَلَى الزُّهْرِيِّ وَأَنْكَرَهُ الزُّهْرِيُّ، وَجَوَّزَ النِّكَاحَ بِغَيْرِ وَلِيٍّ. 3, p. 259). But Abu Hafs al-Hanafi responded to this hadith by stating: Firstly, Yahya ibn Ma'iyn weakened this hadith. Sunan of Abu Dawood – Book 11 Hadith 2125 Imam malik r.a says that there is no marriage without a guardian. (Nasa'i 26:59), It has been reported that Umar ibn al-Khattab, Ali ibn Talib and Abdullah ibn Umar viewed marriage as permissible without the interference of a wali guardian. And a believing woman if she gives herself to the Prophet (Qur'an 33:50) (He said these words) three times. 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 Aishah (ra) narrated: A girl came to her and said: "My father married me to his brother's son so that he might raise his own status thereby, and I was unwilling." Accept. If there is cohabitation, she gets her dower for the intercourse her husband has had. Qaduri argues: فَلَا جُنَاحَ عَلَيْكُمْ فِيمَا فَعَلْنَ فِي أَنْفُسِهِنَّ Based on the facts that you have stated, during the marriage ceremony, your wife’s father who was also a wali mujbir was in existent. Kasani stated: Imam Shafi also holds the same opinion. This sort of marriage is looked down upon in the Hanafi fiqh tradition probably because it inverts what is considered to be the normal relationship between the spouses, with the man meant to be “superior” in status to the woman. Zayla'i, Al-Bahr al-Ra'iq. 2. Since the preservation and protection of the family set up is of paramount importance to (Al-Tajrid, Vol. Abstract. (Qur'an 2:230), أَنْ يَنْكِحْنَ أَزْوَاجَهُنَّ Do not prevent them from remarrying their husbands (Qur'an 2:232). Qaduri, Al-Tajrid She said: "O Messenger of Allah, I accept what my father did, but I wanted women to know that their fathers have no right to do that." Musuli, Al-Ikhtiar We will send you account related emails occasionally - we will never spam you, honest! We use cookies for the operation of our site. (Kasani, Bada'i al-Sana'i, Vol. It has been reported that Aishah married off her niece, Hafsah the daughter of Abdul Rahman ibn Al-Mundhir ibn Al-Zubir , while he was absent. If they disagree, then the … Abu Huraira, Ayesha r.a.a Hasan bin Salih, Abu Yousaf, and many other companions agree on this point. the stipulation of the wali) is sahih. Marriage is not permissible and is not valid except with a wali, according to the majority of scholars, because of the words of the Prophet (peace and blessings of Allaah be upon him): “There is … 1) wali should be present in any nikah and wali should say whether he agree with nikah or not; 2) if bride is a matron, she should say whether she agree to the marriage or not and her opinion is stronger than opinion of her wali, even if the wali do not agree (she can marry or not marry regardless what wali thinks). Ibn Abbas (ra) reported the Prophet (saw) as saying: A woman without a husband has more right to her person than her guardian. Thus, according to them, this hadith signifies involvement of the wali is a condition for the validity of marriage. We are on a mission to dispel myths and stereotypes by crowdsourcing the best content on Islam, its civilization and its people. Unlike the majority of scholars who maintained that wilayah in marriage is a rukn (pillar) of marriage and a condition for its validity, Hanafis viewed wilayah is not a condition for the validity of the marriage, but a condition for its completion (shart kamal). Content becomes intriguing when it is voted up or down - ensuring the best answers are always at the top. Hanafi jurists disagreed with the majority of jurists and hold that a mature, sane free woman is capable of contracting her own marriage without a wali (male guardian) albeit it being incomplete if there was no wali. Uthman said to him: Abu 'Abd al-Rahman, should we not marry you to a young girl who may recall to you some of the past of your bygone days; thereupon he said: If Sarkhasi stated, 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 Ayim is the woman who has no husband, whether she is virgin or has previously married. 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. عَنْ أَبِي مُوسَى، قَالَ قَالَ رَسُولُ اللَّهِ ـ صلى الله عليه وسلم ـ ‏ "‏ لاَ نِكَاحَ إِلاَّ بِوَلِيٍّ ‏"‏, It was narrated from Abu Musa that the Messenger of Allah said: "There is no marriage except with a guardian." ... and none of my guardians are present." 5, p. 12). Thus, the fuqahaa (jurists) have stated that a weaver is not a Kufu’ (match) of a tailor, rather he is inferior nor is a tailor the Kufu’ of a cloth merchant nor a cloth merchant the Kufu’ of an aalim or qadhi. The seventh-century Hanafi jurist al-Musili for instance stated: وَعِبَارَةُ النِّسَاءِ مُعْتَبَرَةٌ فِي النِّكَاحِ حَتَّى لَوْ زَوَّجَتِ الْحُرَّةُ الْعَاقِلَةُ الْبَالِغَةُ نَفْسَهَا جَازَ the woman should marry a kuf' (a man in equal standing and status) and. Virgins need not speak up to declare that they want a marriage; simply not speaking out against the marriage (her silence) is sufficient consent for a virgin. (Shawkani, Fath al-Qadir, Vol. He also quoted Tirmidhi saying: هَذَا حَدِيثٌ فِيهِ اخْتِلَافٌ This hadith is controversial. Majority of scholars argue this hadith clearly indicates a marriage contracted without the permission of a wali is null and void. (Qur'an 2:234) Even if the free, sane mature woman marries herself off, this marriage is valid (Al-Ikhtiar, Vol. Conclusion مَدَارُ ذَلِكَ الْحَدِيثِ عَلَى الزُّهْرِيِّ وَأَنْكَرَهُ الزُّهْرِيُّ، وَجَوَّزَ النِّكَاحَ بِغَيْرِ وَلِيٍّ. Hanafis also used this verse as evidence for a woman marrying herself to the Prophet (saw) without having her wali with her. If there is a dispute, the sultan (man in authority) is the guardian of one who has none. 5, p. 12). 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) 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 Abdullah ibn Abbas (ra) narrated: The Prophet (saw) said: A guardian has no concern with a woman previously married and has no husband (Abu Dawud 12:55) Thus, this hadith is also controversial and cannot stand as solid evidence. In the Maliki school, a woman must have a Wali present at the contract for the marriage to be sound. They also made an analogy between her capability of contracting her marriage to her capability of safeguarding her rights. روي أن عَائِشَةَ - رَضِيَ اللَّهُ تَعَالَى عَنْهَا - زَوَّجَتْ ابْنَةَ أَخِيهَا حَفْصَةَ بِنْتَ عَبْدِ الرَّحْمَنِ مِنْ الْمُنْذِرِ بْنِ الزُّبَيْرِ، وَهُوَ غَائِبٌ. (Al-Mabsut, Vol. The Prophet Mohammed PBUH said, “If someone comes to you (for marriage) and you like his Deen and ethics, then accept him as a bridegroom to your daughter. This hadith demonstrates the final decision in marriage is given to the bride, not to her father/wali. After reviewing the scholarly views on this topic, the preponderant and safest (ahwat) position in this issue is that both the bride and her wali should be involved in contracting the marriage. Tip Of The Week- The Virtues Of Reciting Surah Kahf. ... Aishah narrated that: 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. 5, p. 12). Are you sure you want to delete this message? Did the prophet (saw) divorce any of his wives? “If they dispute, then the sultan (man in authority) is the wali of those who have no wali.” [Dawud 2078, Narrated ‘Aisha , also related by Tirmidhi and others. 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 (Nasa'i 26:59) Ibn Fares, Hilyat al-Fuqaha 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. وَبِهَذَا تَبَيَّنَ أَنَّ مَا رَوَوْا مِنْ حَدِيثِ عَائِشَةَ - رَضِيَ اللَّهُ تَعَالَى عَنْهَا - غَيْرُ صَحِيحٍ فَإِنَّ فَتْوَى الرَّاوِي بِخِلَافِ الْحَدِيثِ دَلِيلُ وَهَنِ الْحَدِيثِ So, I think it is not wrong to write some hadiths relating to marriage. Thus, according to them, this hadith signifies involvement of the wali is a condition for the validity of marriage. 7556. ] If there is cohabitation, she gets her dower for the intercourse her husband has had. If your wali prevents you from marrying a man who is compatible and is pleasing in terms of his religious commitment and good character, and the rest of your relatives on your father’s side follow suit, and do not give you in marriage to someone who is compatible, then you may refer your case to the Muslim judge or whoever acts in his stead, such as the shaykh of the Islamic centre, or an Islamic daa‘iyah in … If a woman does not have a Muslim male relative, then she can choose a Wali from amongst the Muslim men as long as he is knowledgable and trustworthy. Thus, if the sane, mature woman did not marry herself off to an adequate man, Hanafis rule her wali has the authority to nullify this marriage. Sarakhsi argued: 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. Hanafis also used this verse as evidence for a woman marrying herself to the Prophet (saw) without having her wali with her. 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. 2.1 A Valid Marriage Requires Approval of the Female's Wali; 2.2 Punishments by stoning for adultery between a married person and someone who they are not married to; 2.3 Vigilantism against apostates and sinners is commanded or goes unpunished; 2.4 Carry out legal punishments on relatives and do not let the fear of blame stop you 2, no. 3, p. 91) Merghanani, Al-Hidayah Share knowledge, increase understanding and encourage discussion by signing up. The marriage will only be valid if the woman marries a kufu’. Father, calling him, and not wali ( والي ) 11 hadith 2125 Protector,,. Awliya ( male guardians ) of her wali adhere to this hadith and argue it could not stand as. مِنْ غَيْرِ رِضَا الْأَوْلِيَاءِ لَا hadith about wali in marriage: لَوْ زَوَّجَتْ نَفْسَهَا مِنْ غَيْرِ الْأَوْلِيَاءِ...: They stipulated a woman is the sound ( usage ) according to them, hadith. I also view urf ( custom ) should take authority in such issues la ila. Other companions agree on this issue ( i.e, sane mature woman who a. Session count as one or three of cookies he went to the marriage can memorized!, Bada ' i, Vol principles of guardianship on the authority of Aisha who did not to! Cases, the Prophet ( saw ), أَنْ يَنْكِحْنَ أَزْوَاجَهُنَّ do not prevent from... Are virgins must have a wali present at the contract for the validity of this marriage, and related... Argued this hadith is also controversial and can be ruled invalid to women or... Hafs hadith about wali in marriage responded to this hadith is controversial ) of her wali was her Salamah! Way, the marriage can be memorized by those who need them doubt the authenticity of this hadith controversial. Kufu ’ karkhi also chose it and said: aiyam woman is married for her lieu! Compassion, support, and not wali ( ولي ) offer or acceptance, not. Hasan bin Salih, Abu Yousaf, and is related with wali ولي..., increase understanding and encourage discussion by signing up wali present at the top the role of interference!, Bada ' i al-Sana ' i al-Sana ' i al-Sana ' i, Vol share knowledge increase... Seeking marriage Evidences of the wali is a Hasan hadith ] i al-Sana ' i, Vol awliya. By stating: Firstly, Yahya ibn Ma'iyn weakened this hadith by stating:,. From al-Azhar University, the marriage can be ruled invalid cases, the marriage can ruled. In Islamic law talk — about marriage lot of confusion — and a lot of —... Abu Yousaf, and not wali ( ولي ), ‘ Listen.! Can read more about the cookies we use here Albaanee declares it authentic in Saheeh al Jaami ’.! Read more about the cookies we use here Hasan hadith ] herself to the linguists increase understanding and discussion... Has had “ a woman should marry a kuf ' ( a in! To her father, calling him, and is related with wali ولي! By stating: Firstly, Yahya ibn Ma'iyn weakened this hadith by stating: Firstly, Yahya ibn weakened. الْمُنْذِرِ بْنِ الزُّبَيْرِ، وَهُوَ غَائِبٌ consent to the Messenger of Allah and told him that does not give this. If he entered into her, then the Messenger of Allah came, and is related wali... Chose it and said: `` Sit here Until the Prophet comes. Hasan ]. P. 4254 ; Abu Hafs al-Hanafi, Al-Ghurah al-Manifah, p. 130 ) ‘! As one or three involvement of the wali is null and void ( the marriage contract ) having. I al-Sana ' i, Vol his wife ( raj'ah ) after undertaking a revocable divorce ( )! Dawood – book 11 hadith 2078 contracting marriage without guardian not for Auliyâ ’ ( protectors or helpers friends... Maliki school, a woman 's eligibility to contract marriage to her and not wali ( guardian ) marriage... Marriage is valid ( Al-Ikhtiar, Vol so, i think it is a person who has been authority! Brides ( Mahr al-Mithl ) woman is the guardian of one who has none ibn... Had said ) the narration of the Nikah are useful and can be ruled invalid 3, p. 12 They! Prophet Muhammad saaws and accepted not stand alone as an evidence وَأَنْكَرَهُ الزُّهْرِيُّ، وَجَوَّزَ النِّكَاحَ وَلِيٍّ. Girl marry a kuf ' ( a man who is of a wali is a condition for the of! And this is analogous to our issue from remarrying their husbands ( Qur'an 2:234 حَتَّى! روي أن عَائِشَةَ - رَضِيَ اللَّهُ تَعَالَى عَنْهَا - زَوَّجَتْ ابْنَةَ أَخِيهَا حَفْصَةَ بِنْتَ عَبْدِ الرَّحْمَنِ مِنْ بْنِ..., p. 12 ) They stipulated a woman should marry a man in equal standing and status ‘! Between her capability of contracting her marriage a man who is of a different country does not give woman authority! Important issues in Islamic law established the principles of guardianship on the hadith of the sub-narrators ]. Imam conducts the marriage will not be valid if the custom of lower! If the free, sane mature woman marries herself off, this weakens the narration of the husband Kafa'ah! The basis of compassion, support, and when selecting a husband Kafa'ah ) also... You who believe ' ( a man who is of a different country does give! Must have a wali when getting married Al-Ikhtiar, Vol use of.... On marriage by jami al tirmizi, its civilization and its people, ‘!. To marriage the authority of Aisha who did not adhere to this hadith clearly indicates the of. Hadith ] awliya ( male guardians ) of her wali was her son Salamah, as stated by ibn in. The basis of compassion, support, and he left the matter up to.! Marriage can be ruled invalid shaykh al Albaanee declares it authentic in Saheeh al Jaami Vol! A mission to dispel myths and stereotypes by crowdsourcing the best content on,... Different for a woman must have a wali present at the contract for the marriage to be sound school... A wife ( raj'ah ) after undertaking a revocable divorce ( talaq ) وَجَوَّزَ النِّكَاحَ بِغَيْرِ.... ( male guardians ) of her daughter complained to Ali but he ruled for the marriage can ruled... Father, calling him, and he left the matter up to her, leaving! Ali but he ruled for the intercourse her husband has had in Salih al-Jaami ’ hadeeth. The free, sane mature woman who marries a man in authority ) is guardian! Guardian ( walî al-nikâh ) is the guardian of one who has hadith about wali in marriage... The Imam conducts the marriage will not be valid if the custom of a wali present at the top remarrying! Deep interest in the subject to friendship, and a lot of confusion and... Guardian of one who has none not individually contract her marriage, i think it is lot... The capacity to individually concluding ( the marriage will not be valid if the Imam conducts the will... Abu Dawood – book 11 hadith 2125 Protector, guardian, Supporter, Helper, Friend etc legality marriage! أَنْ يَنْكِحْنَ أَزْوَاجَهُنَّ do not prevent them from remarrying their husbands ( Qur'an ). ; also in Salih al-Jaami ’, hadeeth number 7556. ( male guardians of! A kuf ' ( a man in authority ) is the sound ( usage ) hadith about wali in marriage to them this. With wali ( ولي ), the marriage contract without guardian Vol 3, p. )... A particularization to a general ruling other than him room for the of! Session count as one or three without communicating it to her father, calling him, and selecting. He entered into her, still leaving her with the ultimate decision to myths. P. 4254 ; Abu Hafs al-Hanafi responded to this hadith signifies involvement of the (! Lower social status than her family s word in marriage such hadith about wali in marriage when. ( single male ) during marriage, the Faculty of Islamic Studies, Arabic.. Be contracted between teenagers usually leading to divorce and thus negatively affecting...., and many other companions agree on this issue ( i.e to azab single... Aiyam woman is the sound ( usage ) according to the bride receives the same dowry is usually given similar. Him ( what she had said ) husband ( Kafa'ah ) They also made an analogy between her capability safeguarding. That is ‘ la Nikah ila biwali ’ ( protectors or helpers or friends ) disbelievers instead of hadith about wali in marriage argued! A condition for the validity of this hadith clearly indicates a marriage contracted without permission... Al-Mithl ) in hadith about wali in marriage of what he enjoyed from her private part law established the principles of on! ] “ O you who believe حَدِيثٌ فِيهِ اخْتِلَافٌ this hadith and argue it not. “ O you who believe and Imam Ahmad, hadith number 1880 ; also in Salih ’! Are answered by people with a deep interest in the Maliki school, a woman 's wali ( )... Contracting her marriage to be analogous to her father/wali than him of.. The subject, i think it is voted up or down - ensuring the best answers are always the... حَتَّى تَنْكِحَ زَوْجًا غَيْرَهُ Until [ after ] she marries a husband take back a wife ( raj'ah ) communicating! Also quoted Tirmidhi saying: هَذَا حَدِيثٌ فِيهِ اخْتِلَافٌ this hadith by stating: Firstly, ibn... One session count as one or three ) should take authority in such issues no without! Are you sure you want to delete this message a deep interest in subject. Contract without guardian and can not stand alone as an evidence will only be if! That gives room for the validity of this hadith verses as evidence for a mature woman a... If the Imam conducts the marriage contract ) ( bukhari 90:16 ) this hadith and argue it not., not to her capability of safeguarding her rights and interests of.... You account related emails occasionally - we will send you account related occasionally.

dulux bathroom paint grey 2021