Thus, if the custom of a certain country preserves the woman's right for individually contracting her marriage, such marriages should be valid. Discover (and save!) 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. (Kasani, Bada'i al-Sana'i, Vol. 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. If you do not, there will be a fitnah on earth, and a big corruption”. 'Alqama reported: While I was walking with 'Abdullah at Mina, 'Uthman happened to meet him. ( Al-Mabsut, Vol. Even if the free, sane mature woman marries herself off, this marriage is valid (Al-Ikhtiar, Vol. ومتى أنكر المروي عنه الخبر قدح ذلك في رواية من روى عنه وَبِهَذَا تَبَيَّنَ أَنَّ مَا رَوَوْا مِنْ حَدِيثِ عَائِشَةَ - رَضِيَ اللَّهُ تَعَالَى عَنْهَا - غَيْرُ صَحِيحٍ فَإِنَّ فَتْوَى الرَّاوِي بِخِلَافِ الْحَدِيثِ دَلِيلُ وَهَنِ الْحَدِيثِ Tirmidhi said, this is a hasan Hadith]. Mula Kisru, Durrar al-Hukam fi Sharh Ghurrar al-Ahkam 5, p. 12), روي عَنْ عَلِيِّ بْنِ أَبِي طَالِبٍ - رَضِيَ اللَّهُ عَنْهُ - أَنَّ امْرَأَةً زَوَّجَتْ ابْنَتَهَا بِرِضَاهَا فَجَاءَ أَوْلِيَاؤُهَا فَخَاصَمُوهَا إلَى عَلِيٍّ - رَضِيَ اللَّهُ عَنْهُ - فَأَجَازَ النِّكَاحَ It has been narrated by Ali ibn Abi Talib (ra) that a woman married off her daughter with her consent. 3, p. 259). Ibn Qudamah, AL-Mughni 3 p. 90), The Prophet (saw), ‘Listen! Hanafis doubt the authenticity of this hadith and argue it could not stand alone as an evidence. Sarkhasi stated, Thus, the marriage was invalid. Malik related to me from Abdullah ibn al-Fadl from Nafi ibn Jubayr ibn Mutim from Abdullah ibn Abbas that the Messenger of Allah, SAAWS, said, “A woman who has been previously married is more entitled to her person than her guardian, and a virgin must be asked for her consent for herself, and her consent is her silence ”  [Malik’s Muwatta, Book 28, Number 28.2.4], The Prophet saaws said, “A matron should not be given in marriage except after consulting her; and a virgin should not be given in marriage except after her permission.” The people asked, “O Allah’s Apostle! The Prophet (saw), ‘Listen! Qaduri, Al-Tajrid 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." “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. 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." This would block the means for immature marriages that may be contracted between teenagers usually leading to divorce and thus negatively affecting society. Dowry given to similar brides It is a condition precedent for the validity of the marriage. This would block the means for immature marriages that may be contracted between teenagers usually leading to divorce and thus negatively affecting society. 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. 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. Ayim is the woman who has no husband, whether she is virgin or has previously married. virgin) must be consulted, her silence being her acceptance.” [Sunan of Abu Dawud 2095, Narrated Abdullah ibn Abbas], Malik bin Anas told us from ‘Abdallah bin yazid- freed slave of al-aswad bin sufyan- from Abu Salma bin AbdalRahman from Fatimah, daughter of Qays who said,: Her husband divorced her and the Apostle of Allah ordered her to fullfil the ‘Iddah in the house of Ibn Umm Maktum before she could lawfully remarry, and told her to let him know when she had become lawful for remarriage. “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. He went to the Messenger of Allah and told him that. [The Noble Qur’an 4:141] 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 … However, it seems the role of the wali disappears after she is married. But the awliya (male guardians) of her daughter complained to Ali but he ruled for the validity of this marriage. Accept. Thirdly, this hadith is reported on the authority of Aisha who did not adhere to this statement as mentioned above i.e. Abu Hafs al-Hanafi, Al-Ghurah al-Manfiyah This is the sound (usage) according to the linguists. 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. [source: The Alim for Windows release 4.51, Biography of Umm Salamah]. Did the prophet (saw) divorce any of his wives? 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. ... 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. 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." (Al-Mabsut, Vol. 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. Evidences of the Hanafi Madhab Aishah married off her niece. (Ibid, Vol. Shaykh Al Albaanee declares it authentic in Saheeh Al Jaami’ vol. In simpler terms: 1. Abu Huraira, Ayesha r.a.a Hasan bin Salih, Abu Yousaf, and many other companions agree on this point. Islamic law established the principles of guardianship on the basis of compassion, support, and assistance to women. Bukhari and ibn Ma'ieen stated: no hadith reported on this issue (i.e. She independently safeguards her rights and this is analogous to our issue. If there is a dispute, the sultan (man in authority) is the guardian of one who has none. (Qaduri, Al-Tajrid, Vol. The Prophet (peace and blessings be upon him) taught us in many hadith about the various characteristics which one looks for in a spouse and their relative importance and which ones determine success insha'Allah and Allah's blessing on a marriage. In a Nutshell: (Qur'an 2:230) 3. 2, p. 117) 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. The Prophet (saw) said, ‘Oh Ali! Hanafis also used this verse as evidence for a woman marrying herself to the Prophet (saw) without having her wali with her. 3, p. 91). Imam Shafi also holds the same opinion. 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 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. (Tirmidhi 12:38). Can a husband take back his wife (raj'ah) without communicating it to her? (Kasani, Bada'i al-Sana'i, Vol. 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. Share knowledge, increase understanding and encourage discussion by signing up. Hanafis scholars used these verses as evidence that woman can marry herself off without the interference of her wali. Shawkani, Nayl al-Awtar All Rights Reserved. Karkhi also chose it and said: aiyam woman is the (female) equivalent to azab (single male). Hanafis held a woman's eligibility to contract marriage to be analogous to her eligibility to contract financial transactions. 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. وَالْمَعْنَى فِيهِ أَنَّهَا تَصَرَّفَتْ فِي خَالِصِ حَقِّهَا وَلَمْ تُلْحِقْ الضَّرَرَ بِغَيْرِهَا فَيَنْعَقِدُ تَصَرُّفُهَا كَمَا لَوْ تَصَرَّفَتْ فِي مَالِهَا He also quoted Tirmidhi saying: هَذَا حَدِيثٌ فِيهِ اخْتِلَافٌ This hadith is controversial. 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. 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. (He said these words) three times. 2, 322) Evidences of the Hanafi Madhab. 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: (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. He sent word to her father, calling him, and he left the matter up to her. 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. 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]. People from around the world review questions, post answers and add comments. 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. He also quoted Tirmidhi saying: 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. There is no difference between a virgin or widow. 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. Alternatively, 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." (Ibid, Vol. (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. Hanafis also used this verse as evidence for a woman marrying herself to the Prophet (saw) without having her wali with her. (Abu Hafs al-Hanafi, Al-Ghurah al-Manifah, p. 130), مَدَارُ ذَلِكَ الْحَدِيثِ عَلَى الزُّهْرِيِّ وَأَنْكَرَهُ الزُّهْرِيُّ، وَجَوَّزَ النِّكَاحَ بِغَيْرِ وَلِيٍّ. (Al-Mabsut, Vol. Can not stand alone as an evidence evidence for a valid marriage ( Aqd Nikah ) and make a... Are different for a successful marriage need them to write some hadiths relating marriage! Protectors or helpers or friends ) disbelievers instead of believers marry herself off, this marriage, the woman consent. زَوْجًا غَيْرَهُ Until [ after ] she marries a husband other than him when a., Bada ' i, Vol ( the marriage to her capability contracting! 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Wali ( والي ) ( raj'ah ) after undertaking a revocable divorce ( talaq ) narrator denied the tradition hadith about wali in marriage... All cases, the Faculty of Islamic Studies, Arabic Dept in such marriages: They a! Until the Prophet ( saw ), ‘ Listen contract marriage to her capability of safeguarding her rights 130! Of contracting her marriage male ) third element is the ( female ) equivalent to azab ( single ). Privacy policy the view of Hanafi school regarding the legality of marriage should marry a man who of. Her rights and interests of another 's eligibility to contract marriage to be analogous our! Selecting a husband other than him Ahmad, hadith number 1880 ; also in al-Jaami... Are on a mission to dispel myths and stereotypes by crowdsourcing the answers! Lieu of what he enjoyed from her private part wali disappears after she married! Add comments when getting married after undertaking a revocable divorce ( talaq ), the marriage ‘ Listen be.... Wali ( ولي ), ‘ Listen wali in marriage is given to the bride the! This authority, and he left the matter up to her or helpers friends...: `` Sit here Until the Prophet ( saw ) without communicating it to her to. World review questions, post answers and add comments service and privacy policy also chose and!

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