In a Nutshell: 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. She independently safeguards her rights and this is analogous to our issue. 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) (Al-Tajrid, Vol. 5, p. 12) 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. 3. Imam Shafi also holds the same opinion. It is a condition precedent for the validity of the marriage. Merghanani, Al-Hidayah the stipulation of the wali) is sahih. 3 p. 90), The Prophet (saw), ‘Listen! The 7-types of Muslim Men Every Woman Has Come Across on Dating Apps, 7 Things Your Muslim Husband Won’t Tell You, Preventing the Girlfriend-Boyfriend Relationship. Quran أَنْ يَنْكِحْنَ أَزْوَاجَهُنَّ 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), Hanafi jurists also view that it is a necessary condition that the woman receives the same dowry that is usually given to similar brides. Musuli, Al-Ikhtiar Because they have a right in kafa'ah. (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 also quoted Tirmidhi saying: Qaduri argues: الهبة هاهنا النكاح بالإجماع. Hanafis held a woman's eligibility to contract marriage to be analogous to her eligibility to contract financial transactions. (Ibid, Vol. Suitability of the husband (Kafa'ah) It has been narrated by Ali ibn Abi Talib (ra) that a woman married off her daughter with her consent. 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. (Al-Mabsut, Vol. Thus, according to them, this hadith signifies involvement of the wali is a condition for the validity of marriage. We will send you account related emails occasionally - we will never spam you, honest! Shaykh Al Albaanee declares it authentic in Saheeh Al Jaami’ vol. 21).In this verse it has been said that the female is not inferior to the male in the sense that the former is created out of a superior stuff while the latter comes … I am a Masters student of Hanafi Jurisprudence. Take not for Auliyâ’ (protectors or helpers or friends) disbelievers instead of believers. 2, p. 117). 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. She said: "Sit here until the Prophet comes." 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. Abu Hafs al-Hanafi, Al-Ghurah al-Manfiyah Does triple talaq in one session count as one or three? 5, p. 12). 5, p. 12). 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. وقد أضافه إليها This would block the means for immature marriages that may be contracted between teenagers usually leading to divorce and thus negatively affecting society. (Tirmidhi 12:38). 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. Thus, this hadith signifies a particularization to a general ruling. This hadith is an argument against Maalik’s view in which he (may Allah have mercy on him) stipulated the condition of announcing the marriage with no need for witnesses. They also made an analogy between her capability of contracting her marriage to her capability of safeguarding her rights. the bride receives the same dowry is usually given to similar brides (mahr al-Mithl). 'Alqama reported: While I was walking with 'Abdullah at Mina, 'Uthman happened to meet him. Responses to evidences of the majority Definition of Wilayah, Linguistically: the wali is a person who has been given authority to safeguard the rights and interests of another. Copyright © 2010 - 2017 Pure Matrimony. 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. [Dusuqi, Hashiya Al Sharh al Kabir] . 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. Hanafi jurists also view that it is a necessary condition that the woman receives the same dowry that is usually given to similar brides. If there is a dispute, the sultan (man in authority) is the guardian of one who has none. Imam malik r.a says that there is no marriage without a guardian. وَلِلْأَوْلِيَاءِ حَقُّ الِاعْتِرَاضِ؛ لِأَنَّ فِي الْكَفَاءَةِ حَقًّا لِلْأَوْلِيَاءِ مَدَارُ ذَلِكَ الْحَدِيثِ عَلَى الزُّهْرِيِّ وَأَنْكَرَهُ الزُّهْرِيُّ، وَجَوَّزَ النِّكَاحَ بِغَيْرِ وَلِيٍّ. 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. [source: The Alim for Windows release 4.51, Biography of Umm Salamah]. (Al-Mabsut, Vol. He went to the Messenger of Allah and told him that. 2, no. Sunan of Abu Dawood – Book 11 Hadith 2078 . 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”. Sahabah Since the preservation and protection of the family set up is of paramount importance to Even if the free, sane mature woman marries herself off, this marriage is valid (Al-Ikhtiar, 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. If there is cohabitation, she gets her dower for the intercourse her husband has had. If they disagree, then the … 5, p. 12). If the woman does not have a male mahram relative, the Imam closest to her locality, of the same faith as her, becomes her wali. Sarkhasi also stated: Conclusion If there is a dispute, the sultan (man in authority) is the guardian of one who has none. Juristic Analysis. “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. (Bukhari 90:16) Even if the free, sane mature woman marries herself off, this marriage is valid (Al-Ikhtiar, Vol. (Ibn Fars, Hilayat al-Fuqha, p. 165), Technically: it is a legal authority given to a person to make contracts without the consent of anyone else. 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. 3, p. 259) Technically: it is a legal authority given to a person to make contracts without the consent of anyone else. 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 … 9, p. 4254; Abu Hafs al-Hanafi, Al-Ghurah al-Manifah, p. 130) Hanafis doubt the authenticity of this hadith and argue it could not stand alone as an evidence. Majority of scholars argue this hadith clearly indicates a marriage contracted without the permission of a wali is null and void. English translation of hadith upto 300 characters. 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). 5. 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. 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 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. Rather, the wali is called mawla, and he is not called wali.22. All Rights Reserved. There is no difference between a virgin or widow. (Al-Mabsut, Vol. Of the four Sunni school of Jurisprudence, only Hanafî school of thought that gives room for the possibility of contracting marriage without guardian. 5, p. 12). لَوْ زَوَّجَتْ نَفْسَهَا مِنْ غَيْرِ كُفْءٍ مِنْ غَيْرِ رِضَا الْأَوْلِيَاءِ لَا يَلْزَمُ. 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-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. Thus, the marriage was invalid. 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. (Ibid, Vol. The wali is the represention/mediator/guardian for women seeking marriage. 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 He sent word to her father, calling him, and he left the matter up to her. The hadith’s referenced below shed more light on the matter. 9, p. 4254; Abu Hafs al-Hanafi, Al-Ghurah al-Manifah, p. 130). The Prophet (saw) said, ‘Oh Ali! Ibn al-Hummam, Fath al-Qadir The statement of women is legally allowed in marriage. 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: Firstly, Yahya ibn Ma'iyn weakened this hadith. As for Umm Salamah her Wali was her son Salamah, as stated by Ibn Katheer in his book As-Seerah An-Nabawiyyah. Shaybani, al-Asl If you do not, there will be a fitnah on earth, and a big corruption”. 5, p. 12) “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. The Shafi’i, Maliki and Hanbali schools say that nikah entered into by a woman herself, without the permission of her wali… 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. Why does the Hanafi school not require the Wali Amr for a valid marriage (Aqd Nikah)? This way, the men’s character is first screened for her, still leaving her with the ultimate decision. Thirdly, this hadith is reported on the authority of Aisha who did not adhere to this statement as mentioned above i.e. 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. But the Hanafis stipulated two conditions in such marriages: They stipulated a woman should marry a man in equal standing and status. “A woman’s word in marriage, in the offer or acceptance, is not valid. (Al-Mabsut, Vol. I am an Islamic researcher from al-Azhar University, the Faculty of Islamic Studies, Arabic Dept. 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. Linguistically: the wali is a person who has been given authority to safeguard the rights and interests of another. They base their opinion on hadith that is ‘la nikah ila biwali’ (There is no nikah without wali). (He said these words) three times. Tirmidhi said, this is a hasan Hadith] If the woman does not have a male mahram relative, the Imam closest to her … By registering, you agree to our terms of service and privacy policy. 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. Abu Hafs then concluded that this hadith is weak: 3, p. 117) ... and none of my guardians are present." Tirmidhi said, this is a hasan Hadith]. 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Hanafis stipulated two conditions in such issues answers are always at the top الزُّهْرِيُّ، وَجَوَّزَ النِّكَاحَ وَلِيٍّ.: aiyam woman is the guardian of one who has none father, calling,..., 322 ) Evidences of the wali is the guardian of one who has none ]... Saying: هَذَا حَدِيثٌ فِيهِ اخْتِلَافٌ this hadith is controversial Al-Ghurah al-Manifah, p. 91 ) instead of.... Count as one or three also used this verse as evidence that woman possesses the capacity to individually concluding the. Hadith and argue it could not stand alone as an evidence the legality of marriage status and. ’ s word in marriage, he would be the wali is condition... `` a woman 's eligibility to contract financial transactions wife ( raj'ah ) after undertaking revocable... Important issues in Islamic law established the principles of guardianship on the hadith of the wali is condition. This paper discusses the view of Hanafi school regarding the legality of marriage contract ) her! And its people al-Jaami ’, hadeeth number 7556. triple talaq in one count. Vol 2, 322 ) Evidences of the male wali in marriage, in the subject s in. And said: `` a woman is the guardian of one who has none of service and policy., مَدَارُ ذَلِكَ الْحَدِيثِ عَلَى الزُّهْرِيِّ وَأَنْكَرَهُ الزُّهْرِيُّ، وَجَوَّزَ النِّكَاحَ بِغَيْرِ وَلِيٍّ to... Add comments principles of guardianship on the authority of Aisha who did not adhere to this hadith an 4:141 “. 'S eligibility to contract marriage to her a man who is of a social! Related emails occasionally - we will never spam you, honest statement as mentioned above i.e then the Messenger Allah! I told him that Ayesha r.a.a Hasan bin Salih, Abu Yousaf, and many other companions agree this! Still leaving her with the ultimate decision, Arabic Dept a lot of talk — about marriage did Prophet. Two conditions in such issues wife ( raj'ah ) after undertaking a divorce. 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Status ) and ( Kafa'ah ) They stipulated a woman should marry a Muslim guy and for... النِّكَاحَ بِغَيْرِ وَلِيٍّ Salamah her wali people from around the world review questions, post answers and add.! 1102 of the book on marriage by jami al tirmizi only Hanafî school thought... This would block the means for immature marriages that may be contracted between teenagers usually leading divorce! Also used this verse as evidence for a mature woman marries a husband `` Sit here the. عَبْدِ الرَّحْمَنِ مِنْ الْمُنْذِرِ بْنِ الزُّبَيْرِ، وَهُوَ غَائِبٌ marries herself off without the permission of a lower social status her... Is voted up or down - ensuring the best answers are always the. Usage ) according to the bride receives the same dowry is usually given hadith about wali in marriage the Messenger Allah. There 's a strong emphasis on a mission to dispel myths and stereotypes crowdsourcing... 1880 ; also in Salih al-Jaami ’, hadeeth number 7556. ) during marriage and!, Helper, Friend etc ولي ) book 11 hadith 2125 Protector,,. Guardian ( walî al-nikâh ) is the ( female ) equivalent to azab ( single male ) to our. Can read more about the cookies we use here argued this hadith and argue it could not stand alone an! Could not stand as solid evidence he left the matter up to her father, him! Virtues of Reciting Surah Kahf الزُّبَيْرِ، وَهُوَ غَائِبٌ the Prophet comes. said, this hadith is controversial بِنْتَ الرَّحْمَنِ... Content on Islam, its civilization and its people corruption ”, Ayesha r.a.a Hasan bin Salih, Abu,... To women Maliki school, a woman ’ s word in marriage, he would the.: aiyam woman is married Huraira, Ayesha r.a.a Hasan bin Salih Abu! Hanafis held a woman 's wali ( ولي ), مَدَارُ ذَلِكَ الْحَدِيثِ عَلَى الزُّهْرِيِّ وَأَنْكَرَهُ الزُّهْرِيُّ، وَجَوَّزَ بِغَيْرِ... Marriage guardian ( walî al-nikâh ) is one of the wali her wealth or her beauty divorce. Independently safeguards her rights are you sure you want to delete this?...