(Al-Ikhtiar, Vol 3, p. 91) روي أن عَائِشَةَ - رَضِيَ اللَّهُ تَعَالَى عَنْهَا - زَوَّجَتْ ابْنَةَ أَخِيهَا حَفْصَةَ بِنْتَ عَبْدِ الرَّحْمَنِ مِنْ الْمُنْذِرِ بْنِ الزُّبَيْرِ، وَهُوَ غَائِبٌ. 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. the woman should marry a kuf' (a man in equal standing and status) and. But the awliya (male guardians) of her daughter complained to Ali but he ruled for the validity of this marriage. He stopped there and began to talk with him. Ibn Abbas (ra) reported the Prophet (saw) as saying: A woman without a husband has more right to her person than her guardian. Even if the free, sane mature woman marries herself off, this marriage is valid (Al-Ikhtiar, Vol. The Prophet (sallallahu aleihi wa sallam) said: “A guardian has no concern with a woman previously married and has no husband, and an orphan girl (i.e. This would block the means for immature marriages that may be contracted between teenagers usually leading to divorce and thus negatively affecting society. Even if the free, sane mature woman marries herself off, this marriage is valid (Al-Ikhtiar, Vol. وَلِلْأَوْلِيَاءِ حَقُّ الِاعْتِرَاضِ؛ لِأَنَّ فِي الْكَفَاءَةِ حَقًّا لِلْأَوْلِيَاءِ روي أن عَائِشَةَ - رَضِيَ اللَّهُ تَعَالَى عَنْهَا - زَوَّجَتْ ابْنَةَ أَخِيهَا حَفْصَةَ بِنْتَ عَبْدِ الرَّحْمَنِ مِنْ الْمُنْذِرِ بْنِ الزُّبَيْرِ، وَهُوَ غَائِبٌ. 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. (Muslim 16:78). 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. 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! All Rights Reserved. In a Nutshell: 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 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. “A man is never alone with a woman except that shaitan will be the third.” (Related by Ahmed and Tirmidhi), ___________________________________________________________________________________, Your email address will not be published. الهبة هاهنا النكاح بالإجماع. Sarakhsi argued: وَالْمَعْنَى فِيهِ أَنَّهَا تَصَرَّفَتْ فِي خَالِصِ حَقِّهَا وَلَمْ تُلْحِقْ الضَّرَرَ بِغَيْرِهَا فَيَنْعَقِدُ تَصَرُّفُهَا كَمَا لَوْ تَصَرَّفَتْ فِي مَالِهَا It signifies that she directed her rights and did no harm others, thus her contract is valid as she directs her own money. Zayla'i, Al-Bahr al-Ra'iq. The question over here is whether the woman needs permission from her wali to marry or whether she has the right to marry anyone whom she likes without permission. Hanafis introduced a number of arguments from Qur'an, Sunnah, the application of the companions and Qiyas to legalise the marriage contracted without a wali: Among those hadith: "A woman is married for her deen, her wealth or her beauty. 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. 5, p. 12). Whilst majority of scholars maintain wilayah in marriage is a rukn (pillar) of marriage and a condition for its validity, Hanafis argued wilayah is not a condition for the validity of marriage, but it is a condition for the completion (shart kamal) of marriage. Responses to evidences of the majority 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). Karkhi also chose it and said: aiyam woman is the (female) equivalent to azab (single male). 5, p. 12) Al-Qasim (ra) narrated: Khansa bint Khidam was given by her father in marriage against her will, then the Prophet (saw) cancelled that marriage. 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. 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. (Qur'an 2:234) Hanafis scholars used these verses as evidence that woman can marry herself off without the interference of her 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. Jun 30, 2019 - This Pin was discovered by Muslim Blogger. It was narrated from Abu Musa that the Messenger of Allah said: "There is no marriage except with a guardian." (Al-Ikhtiar, Vol 3, p. 91). Sarakhsi, Al-Mabsut So on the base of above hadith, a woman cannot do marriage of herself nor do someone else marriage (nikah) and if it is done it will be invalid. Secondly, If we accept the hadith as sahih, it should be particular to the female slave, immature, sane woman and not including the free, mature and sane woman. Thus, this hadith is also controversial and cannot stand as solid evidence. In simpler terms: 1. (Nasa'i 26:74; Ibn Majah 9:1947) It says in Badaa’i‘ as-Sanaa’i‘ (2/252): Most of the scholars said that having witnesses is a condition of the marriage … Because they have a right in kafa'ah. 5, p. 12). If there is a dispute, the sultan (man in authority) is the guardian of one who has none. This is based on the usuli maxim: "لا ينكر تغير الأحكام بتغير الزمان والحال والمكان - the change of the rulings according to the change of time, status and place is not denied." ... and none of my guardians are present." Your email address will not be published. Quran (Qur'an 2:234), حَتَّى تَنْكِحَ زَوْجًا غَيْرَهُ Until [after] she marries a husband other than him. By registering, you agree to our terms of service and privacy policy. Every hadith about ‘Ali only uses wali (ولي), and not wali (والي). 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. 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." The wali is an absolute requirement for a marriage, and any marriage done without him is null and void according to the following hadith: "Laa Nikaha illa bi waliyyin wa as … 9, p. 4254; Abu Hafs al-Hanafi, Al-Ghurah al-Manifah, p. 130) 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." 4. the stipulation of the wali) is sahih. He said: "Go back to her and tell her: As for your saying that none of your guardians are present, none of your guardians, present or absent, would object to that." Aishah (ra) narrated the Messenger of Allah (saw) as saying: The marriage of a woman who marries without the consent of her guardians is void. the stipulation of the wali) is sahih. 3, p. 117) (Shawkani, Fath al-Qadir, Vol. She said to her son: "O Umar, get up and perform the marriage to the Messenger of Allah," so he performed the marriage. This led the Hanafi jurist and traditionist, Zayla'i, to say: But the awliya (male guardians) of her daughter complained to Ali but he ruled for the validity of this marriage. (Bada'i al-Sana'i, Vol. 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. 9, p. 4254; Abu Hafs al-Hanafi, Al-Ghurah al-Manifah, p. 130). The Prophet (saw) said, ‘Oh Ali! “O you who believe! 4. 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) (Al-Mabsut, Vol. Note that it may be argued that new reverts to Islam are as innocent as a virgin (since all sins are forgiven upon embracing Islam) and is recommended for new muslimahs have a wali for seeking marriage. 5, p. 12) “No marriage is valid without a wali.” [related by Ahmed and others and deemed sound by Ahmed, Ibn Hajar and others], The Prophet SAAWS said: “There is no marriage without the permission of a guardian.” [Sunan of Abu Dawood 2080, Narrated Abu Musa], “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. In all cases, the woman must consent to the marriage or the marriage can be ruled invalid. He also quoted Tirmidhi saying: هَذَا حَدِيثٌ فِيهِ اخْتِلَافٌ This hadith is controversial. Imam malik r.a says that there is no marriage without a guardian. 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. (Ibid, Vol. Hanafis doubt the authenticity of this hadith and argue it could not stand alone as an evidence. 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. If there is cohabitation, she gets her dower for the intercourse her husband has had. The statement of women is legally allowed in marriage. 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. 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). 7556. ] Suitability of the husband (Kafa'ah) (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. 'Alqama reported: While I was walking with 'Abdullah at Mina, 'Uthman happened to meet him. 2, p. 317). وَهِيَ مِنْ أَهْلِ اسْتِيفَاءِ حُقُوقِ نَفْسِهَا فَإِنَّمَا اسْتَوْفَتْ بِالْمُبَاشَرَةِ حَقَّهَا .. فَكَذَلِكَ هُنَا (Al-Mabsut, Vol. Merriage Guardian in Hadîth Perspective. 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. your own Pins on Pinterest Thus, this hadith signifies a particularization to a general ruling. 5, p. 12). Protector, Guardian, Supporter, Helper, Friend etc. Wali The third element is the consent of Wali. Hanafis also used this verse as evidence for a woman marrying herself to the Prophet (saw) without having her wali with her. (Tabieen al-Haqa'iq & Hashat al-Shalabi, Vol. This hadith demonstrates the final decision in marriage is given to the bride, not to her father/wali. 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 … (Musili, Al-Ikhtiar, Vol. (Al-Mabsut, Vol. Sunan of Abu Dawood – Book 11 Hadith 2078 . هَذَا حَدِيثٌ فِيهِ اخْتِلَافٌ By continuing to use our website, you have consented to our use of cookies. Majority of scholars argue this hadith clearly indicates a marriage contracted without the permission of a wali is null and void. 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. (Ibid, Vol. Shaybani, al-Asl 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. Tirmidhi said, this is a hasan Hadith. Imam Shafi also holds the same opinion. If such a foundation is built with love, honesty, sincerity and true faith in Allah (SwT) and all that He has commanded, then there is nothing that could destroy such a firm building. 2, p. 117) 2, p. 117) Hibah (gift) here, according to the unanimous agreement (of scholars), means marriage and Allah attached it to her. He went to the Messenger of Allah and told him that. 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) Sarkhasi also stated: Hadith 1102 of the book on marriage by jami al tirmizi. Accept. 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. 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 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 Be part of and influence the most important global discussion that is defining our generation and generations to come, We use cookies to help give you the best experience on our site Islamic law established the principles of guardianship on the basis of compassion, support, and assistance to women. References This paper discusses the view of Hanafi school regarding the legality of marriage contract without guardian. This way, the men’s character is first screened for her, still leaving her with the ultimate decision. 2, p. 117), وَامْرَأَةً مُّؤْمِنَةً إِن وَهَبَتْ نَفْسَهَا لِلنَّبِيِّ And a believing woman if she gives herself to the Prophet (Qur'an 33:50). Why does the Hanafi school not require the Wali Amr for a valid marriage (Aqd Nikah)? 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”. They reported in their books various hadiths which are not sahih according to the traditionists. (Tirmidhi 12:38). 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." 3, p. 259) But the Hanafis stipulated two conditions in such marriages: They stipulated a woman should marry a man in equal standing and status. (Bukhari 90:16). The second hadith cited by the majority of jurists is: 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). But Abu Hafs al-Hanafi responded to this hadith by stating: 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. There's a strong emphasis on a woman's wali (guardian) during marriage, and when selecting a husband. Shams al-A'imma al- Sarakhsi stated: ومتى أنكر المروي عنه الخبر قدح ذلك في رواية من روى عنه The maddar (common link in the narration) of this hadith is built on the narration of Zuhari who denied that and he ruled for the validity of marriage without the interference of a wali. If her wali, however, gives permission for her to marry a non-kufu’ then the marriage … They also made an analogy between her capability of contracting her marriage to her capability of safeguarding her rights. Definition of Wilayah, Linguistically: the wali is a person who has been given authority to safeguard the rights and interests of another. She said to her son: "O Umar, get up and perform the marriage to the Messenger of Allah," so he performed the marriage. 5. Juristic Analysis. وَامْرَأَةً مُّؤْمِنَةً إِن وَهَبَتْ نَفْسَهَا لِلنَّبِيِّ But Abu Hafs al-Hanafi responded to this hadith by stating: Firstly, Yahya ibn Ma'iyn weakened this hadith. (Abu Hafs al-Hanafi, Al-Ghurah al-Manifah, p. 130) 2 Hadith. (Darrul Mukhtaar Vol. Sarkhasi also stated: وَهِيَ مِنْ أَهْلِ اسْتِيفَاءِ حُقُوقِ نَفْسِهَا فَإِنَّمَا اسْتَوْفَتْ بِالْمُبَاشَرَةِ حَقَّهَا .. فَكَذَلِكَ هُنَا She is eligible for safeguarding her own rights. 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. Can a husband take back his wife (raj'ah) without communicating it to her? Marriage guardian (walî al-nikâh) is one of the important issues in Islamic law. 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). [plural ‘Auliyâ]  see 33:17. If the wali is non-mahram, such as is the case with many new reverts to Islam, she should avoid ever being alone with him. (Ibid, Vol. (Ibn Majah, 9:1955) Hanafis scholars used these verses as evidence that woman can marry herself off without the interference of her wali. 3, p. 90) (Zayla'i, Tabieen al-Haqa'iq , Vol 2, p. 117). 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. 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. Sunan of Abu Dawood – Book 11 Hadith 2125 Share knowledge, increase understanding and encourage discussion by signing up. There is no difference between a virgin or widow. 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 … Tirmidhi said, this is a hasan Hadith] If the woman does not have a male mahram relative, the Imam closest to her … Tirmidhi said, this is a hasan Hadith]. وَلِلْأَوْلِيَاءِ حَقُّ الِاعْتِرَاضِ؛ لِأَنَّ فِي الْكَفَاءَةِ حَقًّا لِلْأَوْلِيَاءِ 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. 2. 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. This would block the means for immature marriages that may be contracted between teenagers usually leading to divorce and thus negatively affecting society. Hanafis held a woman's eligibility to contract marriage to be analogous to her eligibility to contract financial transactions. There is a lot of confusion — and a lot of talk — about marriage. Hanafis introduced a number of arguments from Qur'an, Sunnah, the application of the companions and Qiyas to legalise the marriage contracted without a wali: فَلَا جُنَاحَ عَلَيْكُمْ فِيمَا فَعَلْنَ فِي أَنْفُسِهِنَّ Then there is no blame upon you for what they do with themselves in an acceptable manner. 2, 322) 1. Thus, according to them, this hadith signifies involvement of the wali is a condition for the validity of marriage. (Tabieen al-Haqa'iq, Vol. 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: She is eligible for safeguarding her own rights. 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. وَالْمَعْنَى فِيهِ أَنَّهَا تَصَرَّفَتْ فِي خَالِصِ حَقِّهَا وَلَمْ تُلْحِقْ الضَّرَرَ بِغَيْرِهَا فَيَنْعَقِدُ تَصَرُّفُهَا كَمَا لَوْ تَصَرَّفَتْ فِي مَالِهَا “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. Thus, according to them, this hadith signifies involvement of the wali is a condition for the validity of marriage. Ibn Qudamah, AL-Mughni Dowry given to similar brides 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. Tip Of The Week- The Virtues Of Reciting Surah Kahf. 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. “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. 2, 322) Evidences of the Hanafi Madhab. Abu Hafs al-Hanafi, Al-Ghurah al-Manfiyah But if the custom of a different country does not give woman this authority, she should not individually contract her marriage. 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. (Al-Mabsut, Vol. This saying from our sixth Imam (as) shows the importance that the rightful successors of the Prophet … It has been narrated by Ali ibn Abi Talib (ra) that a woman married off her daughter with her consent. Abu Huraira, Ayesha r.a.a Hasan bin Salih, Abu Yousaf, and many other companions agree on this point. 5, p. 12) Are you sure you want to delete this message? How does a husband take back a wife (raj'ah) after undertaking a revocable divorce (talaq)? Thus, this hadith signifies a particularization to a general ruling. Linguistically: the wali is a person who has been given authority to safeguard the rights and interests of another. عن عبد الله بن عباس أن النبي - صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ قال: الْأَيِّمُ أَحَقُّ بِنَفْسِهَا مِنْ وَلِيِّهَا Technically: it is a legal authority given to a person to make contracts without the consent of anyone else. The rules are different for a mature woman who marries a man who is of a lower social status than her family. (Zayla'i, Al-Bahr al-Ra'iq, Vol. This means that woman possesses the capacity to individually concluding (the marriage contract). (He said these words) three times. (Kasani, Bada'i al-Sana'i, Vol. In a sense, the husband becomes her guardian, but not in the sense that her husband becomes her "wali" (if I understand correctly). Do not prevent them from remarrying their husbands (Qur'an 2:232) This hadith is controversial. 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). 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. وقد أضافه إليها 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. وقد أضافه إليها Hibah (gift) here, according to the unanimous agreement (of scholars), means marriage and Allah attached it to her. Copyright © 2010 - 2017 Pure Matrimony. Then the Messenger of Allah came, and I told him (what she had said). Great answers start with great insights. فَلَا جُنَاحَ عَلَيْكُمْ فِيمَا فَعَلْنَ فِي أَنْفُسِهِنَّ Regardless, she still must not be alone with a non-mahram man, and she MAY of course, and is encouraged to, have a wali be involved to whatever level she is comfortable with. Fakhr al-Din Zayla'yi futher argues based on the above verses: وَمَنْ قَالَ لَا يَنْعَقِدُ بِعِبَارَةِ النِّسَاءِ فَقَدْ رَدَّ نَصَّ الْكِتَابِ Whoever says women cannot enact (marriage contract), he rejects the Qur'anic precept. (Al-Tajrid, Vol. When a narrator denied the tradition, this weakens the narration of the sub-narrators. Wilaya (guardianship) in marriage is a kind of protection instituted by Islamic law to secure the interest of a woman's rights at a time when she is starting an important phase in her life. The second hadith cited by the majority of jurists is: عنْ عَائِشَةَ، قَالَتْ قَالَ رَسُولُ اللَّهِ صلى الله عليه وسلم ‏"‏ أَيُّمَا امْرَأَةٍ نَكَحَتْ بِغَيْرِ إِذْنِ مَوَالِيهَا فَنِكَاحُهَا بَاطِلٌ‏"‏.‏ ثَلاَثَ مَرَّاتٍ ‏"‏ فَإِنْ دَخَلَ بِهَا فَالْمَهْرُ لَهَا بِمَا أَصَابَ مِنْهَا فَإِنْ تَشَاجَرُوا فَالسُّلْطَانُ وَلِيُّ مَنْ لاَ وَلِيَّ لَهُ Aishah (ra) narrated the Messenger of Allah (saw) as saying: The marriage of a woman who marries without the consent of her guardians is void. If you do not, there will be a fitnah on earth, and a big corruption”. If the Imam conducts the marriage, he would be the Wali. References, Abu Hafs al-Hanafi, Al-Ghurah al-Manfiyah Ibn Fares, Hilyat al-Fuqaha Ibn al-Hummam, Fath al-Qadir Ibn Qudamah, AL-Mughni Merghanani, Al-Hidayah Mula Kisru, Durrar al-Hukam fi Sharh Ghurrar al-Ahkam Musuli, Al-Ikhtiar Qaduri, Al-Tajrid Sarakhsi, Al-Mabsut Shaybani, al-Asl Shawkani, Nayl al-Awtar Zayla'i, Al-Bahr al-Ra'iq. She said: "Sit here until the Prophet comes." وَبِهَذَا تَبَيَّنَ أَنَّ مَا رَوَوْا مِنْ حَدِيثِ عَائِشَةَ - رَضِيَ اللَّهُ تَعَالَى عَنْهَا - غَيْرُ صَحِيحٍ فَإِنَّ فَتْوَى الرَّاوِي بِخِلَافِ الْحَدِيثِ دَلِيلُ وَهَنِ الْحَدِيثِ 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. Thus, if the custom of a certain country preserves the woman's right for individually contracting her marriage, such marriages should be valid. 5, p. 12), عن عبدالله بن عباس قالَ، قال - صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ: لَيْسَ لِلْوَلِيِّ مَعَ الثَّيِّبِ أَمْرٌ, 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), عَنِ الْقَاسِمِ أَنَّ خَنْسَاءَ بِنْتَ خِذَامٍ أَنْكَحَهَا أَبُوهَا، وَهِيَ كَارِهَةٌ، فَرَدَّ النَّبِيُّ صلى الله عليه وسلم ذَلِكَ Al-Qasim (ra) narrated: Khansa bint Khidam was given by her father in marriage against her will, then the Prophet (saw) cancelled that marriage. روي عَنْ عَلِيِّ بْنِ أَبِي طَالِبٍ - رَضِيَ اللَّهُ عَنْهُ - أَنَّ امْرَأَةً زَوَّجَتْ ابْنَتَهَا بِرِضَاهَا فَجَاءَ أَوْلِيَاؤُهَا فَخَاصَمُوهَا إلَى عَلِيٍّ - رَضِيَ اللَّهُ عَنْهُ - فَأَجَازَ النِّكَاحَ (Musili, Al-Ikhtiar, Vol. This hadith demonstrates the final decision in marriage is given to the bride, not to her father/wali. 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