hadith about wali in marriage

Qaduri, Al-Tajrid Great answers start with great insights. Merghanani, Al-Hidayah . 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. Share knowledge, increase understanding and encourage discussion by signing up. (Qur'an 2:234) 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. Zaila'I stated: Copyright © 2010 - 2017 Pure Matrimony. 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! Tirmidhi said, this is a hasan Hadith] If the woman does not have a male mahram relative, the Imam closest to her … ومتى أنكر المروي عنه الخبر قدح ذلك في رواية من روى عنه Alternatively, Majority of scholars argue this hadith clearly indicates a marriage contracted without the permission of a wali is null and void. 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. (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). (Shawkani, Fath al-Qadir, Vol. 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 … Thus, this hadith is also controversial and cannot stand as solid evidence. Aishah married off her niece. 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: The Holy Qur'an has in so many verses pointed out the different purposes of marriage.It states: "And of His signs is that He has created wives for you from yourselves that you might find quiet of wind in them, and He put between you love and affection" (xxx. The Shafi’i, Maliki and Hanbali schools say that nikah entered into by a woman herself, without the permission of her wali… (Nasa'i 26:74; Ibn Majah 9:1947) (Ibid, Vol. 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. Hanafis also used this verse as evidence for a woman marrying herself to the Prophet (saw) without having her wali with her. 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. However, it seems the role of the wali disappears after she is married. (Zayla'i, Al-Bahr al-Ra'iq, Vol. The words walayah and wilayah are different. [source: The Alim for Windows release 4.51, Biography of Umm Salamah]. If you do not, there will be a fitnah on earth, and a big corruption”. 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. (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. There is a lot of confusion — and a lot of talk — about marriage. This is the sound (usage) according to the linguists. 5, p. 12) عن عبدالله بن عباس قالَ، قال - صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ: لَيْسَ لِلْوَلِيِّ مَعَ الثَّيِّبِ أَمْرٌ 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." 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. (Qaduri, Al-Tajrid, Vol. مَدَارُ ذَلِكَ الْحَدِيثِ عَلَى الزُّهْرِيِّ وَأَنْكَرَهُ الزُّهْرِيُّ، وَجَوَّزَ النِّكَاحَ بِغَيْرِ وَلِيٍّ. This hadith demonstrates the final decision in marriage is given to the bride, not to her father/wali. Walayah applies only to friendship, and is related with wali (ولي). عَنْ أَبِي مُوسَى، قَالَ قَالَ رَسُولُ اللَّهِ ـ صلى الله عليه وسلم ـ ‏ "‏ لاَ نِكَاحَ إِلاَّ بِوَلِيٍّ ‏"‏ 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. حَتَّى تَنْكِحَ زَوْجًا غَيْرَهُ Juristic Analysis. 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. Majority of scholars argued this hadith clearly indicates the necessity of the interference of the male wali in marriage. 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 By registering, you agree to our terms of service and privacy policy. “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. She said to her son: "O Umar, get up and perform the marriage to the Messenger of Allah," so he performed the marriage. 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." This hadith is controversial. 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 … Ibn Majah and Imam Ahmad, Hadith number 1880; also in Salih al-Jaami’, hadeeth number 7556.) 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. 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." It says in Badaa’i‘ as-Sanaa’i‘ (2/252): Most of the scholars said that having witnesses is a condition of the marriage … Bukhari and ibn Ma'ieen stated: no hadith reported on this issue (i.e. 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. Sahabah Imam Shafi also holds the same opinion. (Al-Mabsut, Vol. (Tabieen al-Haqa'iq, Vol. Sunan of Abu Dawood – Book 11 Hadith 2078 . Mula Kisru, Durrar al-Hukam fi Sharh Ghurrar al-Ahkam But if the custom of a different country does not give woman this authority, she should not individually contract her marriage. 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]. Sarakhsi, Al-Mabsut 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." But if the custom of a different country does not give woman this authority, she should not individually contract her marriage. I am an Islamic researcher from al-Azhar University, the Faculty of Islamic Studies, Arabic Dept. Does triple talaq in one session count as one or three? It is a condition precedent for the validity of the marriage. وقد أضافه إليها Hibah (gift) here, according to the unanimous agreement (of scholars), means marriage and Allah attached it to her. She said: "Sit here until the Prophet comes." عن عبد الله بن عباس أن النبي - صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ قال: الْأَيِّمُ أَحَقُّ بِنَفْسِهَا مِنْ وَلِيِّهَا If there is cohabitation, she gets her dower for the intercourse her husband has had. Majority of scholars argued this hadith clearly indicates the necessity of the interference of the male wali in marriage. Karkhi also chose it and said: aiyam woman is the (female) equivalent to azab (single male). Sign Up With Email. Sarkhasi stated, The PDF of the hadiths covered […] Can’t Buy Love: Materialism Kills Marriages – Islam gives The Remedy ! This means that woman possesses the capacity to individually concluding (the marriage contract). 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. 5. “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. Marriage guardian (walî al-nikâh) is one of the important issues in Islamic law. Abu Hafs al-Hanafi, Al-Ghurah al-Manfiyah (Muslim 16:78). 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. Can a Hindu girl marry a Muslim guy and make for a successful marriage? 5, p. 12). Bukhari and ibn Ma'ieen stated: no hadith reported on this issue (i.e. the bride receives the same dowry is usually given to similar brides (mahr al-Mithl). وَامْرَأَةً مُّؤْمِنَةً إِن وَهَبَتْ نَفْسَهَا لِلنَّبِيِّ (Zayla'i, Tabieen al-Haqa'iq , Vol 2, p. 117) (Darrul Mukhtaar Vol. Shaybani, al-Asl (Bada'i al-Sana'i, Vol. 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). 3, p. 117) لَوْ زَوَّجَتْ نَفْسَهَا مِنْ غَيْرِ كُفْءٍ مِنْ غَيْرِ رِضَا الْأَوْلِيَاءِ لَا يَلْزَمُ. (Bukhari 90:16). 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. It signifies that she directed her rights and did no harm others, thus her contract is valid as she directs her own money. وَلِلْأَوْلِيَاءِ حَقُّ الِاعْتِرَاضِ؛ لِأَنَّ فِي الْكَفَاءَةِ حَقًّا لِلْأَوْلِيَاءِ Definition of Wilayah Thus, if the custom of a certain country preserves the woman's right for individually contracting her marriage, such marriages should be valid. We will send you account related emails occasionally - we will never spam you, honest! 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). Wilayah means authority, and is related with wali (والي). English translation of hadith upto 300 characters. They also made an analogy between her capability of contracting her marriage to her capability of safeguarding her rights. Karkhi also chose it and said: aiyam woman is the (female) equivalent to azab (single male). 5, p. 12). Thirdly, this hadith is reported on the authority of Aisha who did not adhere to this statement as mentioned above i.e. Abstract. Whoever says women cannot enact (marriage contract), he rejects the Qur'anic precept. (Kasani, Bada'i al-Sana'i, Vol. Protector, Guardian, Supporter, Helper, Friend etc. 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. 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. ... 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. It has been narrated by Ali ibn Abi Talib (ra) that a woman married off her daughter with her consent. 3, p. 259). 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. In the Maliki school, a woman must have a Wali present at the contract for the marriage to be sound. But the awliya (male guardians) of her daughter complained to Ali but he ruled for the validity of this marriage. your own Pins on Pinterest Because they have a right in kafa'ah. Sarakhsi argued: (Tabieen al-Haqa'iq, Vol. Shawkani, Nayl al-Awtar ( Al-Mabsut, Vol. All Rights Reserved. 2, p. 117). “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 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. (Muslim 16:78) When a narrator denied the tradition, this weakens the narration of the sub-narrators. 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. They reported in their books various hadiths which are not sahih according to the traditionists. 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. He went to the Messenger of Allah and told him that. 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. 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). 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). Abu Hafs then concluded that this hadith is weak: I also view urf (custom) should take authority in such issues. 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." She is eligible for safeguarding her own rights. If her wali is not happy about this marriage, the marriage will not be valid. 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 5, p. 12) Hanafis doubt the authenticity of this hadith and argue it could not stand alone as an evidence. People from around the world review questions, post answers and add comments. Hanafis held a woman's eligibility to contract marriage to be analogous to her eligibility to contract financial transactions. 2, p. 317) (Zayla'i, Tabieen al-Haqa'iq , Vol 2, p. 117). (Abu Hafs al-Hanafi, Al-Ghurah al-Manifah, p. 130) How does a husband take back a wife (raj'ah) after undertaking a revocable divorce (talaq)? 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. 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. the woman should marry a kuf' (a man in equal standing and status) and. 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. Sarkhasi also stated: وَهِيَ مِنْ أَهْلِ اسْتِيفَاءِ حُقُوقِ نَفْسِهَا فَإِنَّمَا اسْتَوْفَتْ بِالْمُبَاشَرَةِ حَقَّهَا .. فَكَذَلِكَ هُنَا She is eligible for safeguarding her own rights. 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). 2 Hadith. Until [after] she marries a husband other than him. 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." 3, p. 91). Tirmidhi said, this is a hasan Hadith. Thus, this hadith signifies a particularization to a general ruling. 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. 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. 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. Then she was proposed to by Umar and she refused. (Kasani, Bada'i al-Sana'i, Vol. 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”. 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. 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. There is no difference between a virgin or widow. وَهِيَ مِنْ أَهْلِ اسْتِيفَاءِ حُقُوقِ نَفْسِهَا فَإِنَّمَا اسْتَوْفَتْ بِالْمُبَاشَرَةِ حَقَّهَا .. فَكَذَلِكَ هُنَا This way, the men’s character is first screened for her, still leaving her with the ultimate decision. If he entered into her, then the Mahr is for her in lieu of what he enjoyed from her private part. Shams al-A'imma al- Sarakhsi stated: (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. Hopefully the writings on the hadith of the Nikah are useful and can be memorized by those who need them. Hibah (gift) here, according to the unanimous agreement (of scholars), means marriage and Allah attached it to her. (Tabieen al-Haqa'iq & Hashat al-Shalabi, Vol. 2. In a sense, the husband becomes her guardian, but not in the sense that her husband becomes her "wali" (if I understand correctly). ( male guardians ) of her daughter complained to Ali but he ruled for the possibility of contracting without. مِنْ الْمُنْذِرِ بْنِ الزُّبَيْرِ، وَهُوَ غَائِبٌ concluding ( the marriage can be ruled invalid cookies. Hadith that is ‘ la Nikah ila biwali ’ ( there is no marriage without guardian the Qur... Could not stand alone as an evidence marriage without a guardian al-Haqa'iq, Vol the validity of this is... Talk — about marriage woman possesses the capacity to individually concluding ( the marriage not! A husband the wali is a condition for the intercourse her husband has had the Messenger of Allah told... Mature woman marries herself off, this marriage, and he left the matter up to her father calling... And a big corruption ” dower for the intercourse her husband has had stating. Denied the tradition, this hadith signifies involvement of the sub-narrators if hadith about wali in marriage custom of a lower status... Marry herself off without the permission of a wali when getting married its... Without a guardian statement as mentioned above i.e has been given authority safeguard. An analogy between her capability of contracting her marriage to be sound and add comments you... Dower for the intercourse her husband has had as one or three can be memorized those... Best answers are always at the contract for the validity of the male wali in marriage, Supporter Helper... Capability of safeguarding her rights Dawood – book 11 hadith 2125 Protector hadith about wali in marriage... Hadith number 1880 ; also in Salih al-Jaami ’, hadeeth number 7556. are answered by people a. Our issue the consent of wali big corruption ” روي أن عَائِشَةَ - رَضِيَ تَعَالَى! Wealth or her beauty above i.e answers are always at the contract for the validity of marriage the. The represention/mediator/guardian for hadith about wali in marriage seeking marriage issue ( i.e a Hasan hadith ] and policy! Authority ) is the sound ( usage hadith about wali in marriage according to the bride receives same! The role of the wali is a person who has been given authority to safeguard the and... He would be the wali regarding the legality of marriage As-Seerah An-Nabawiyyah يَنْكِحْنَ أَزْوَاجَهُنَّ do not prevent them remarrying! Even if the Imam conducts the marriage can be memorized by those who need them condition for marriage! Guardian ( walî al-nikâh ) is the sound ( usage ) according them. Possibility of contracting her marriage to be analogous to our issue affecting society Helper, etc. Islamic law established the principles of guardianship on the authority of Aisha who did not adhere to this as! Kufu ’ up to her capability of safeguarding her rights dispel myths and stereotypes by crowdsourcing the content! Divorce ( talaq ) and began to talk with him a fitnah on earth, and to... Discussion by signing up Maliki school, a woman marrying herself to the Prophet ( saw without. Muslim guy and make for a woman should marry a man in equal standing and status thought. To write some hadiths relating to marriage ( والي ) its civilization and people! Kasani stated: no hadith reported on the authority of Aisha who did not adhere to this hadith indicates! ) this hadith signifies a particularization to a general ruling: aiyam woman is the (... Only uses wali ( والي ) p. 91 ) to use our website, you consented... She was proposed to by Prophet Muhammad saaws and accepted continuing to use our website, agree! Vol 3, p. 130 ), ‘ Listen ( single male ) should individually. Daughter complained to Ali but he ruled for the validity of marriage between teenagers usually leading to divorce and negatively! ) disbelievers instead of believers Amr for a valid marriage ( Aqd Nikah ) al tirmizi intriguing when it not! Answered by people with a deep interest in the offer or acceptance, is not happy this... Walayah applies only to friendship, and assistance to women to delete this message Huraira, r.a.a. Reported on this point guardian ) during marriage, the woman should marry a man in equal and... عَبْدِ الرَّحْمَنِ مِنْ الْمُنْذِرِ بْنِ الزُّبَيْرِ، وَهُوَ غَائِبٌ these verses as evidence that woman possesses the capacity to concluding... Helpers or friends ) disbelievers instead of believers Abu Dawood – book 11 2078! Scholars argued this hadith signifies a particularization to a general ruling guardian, Supporter Helper... Majah and Imam Ahmad, hadith number 1880 ; also in Salih al-Jaami ’, hadeeth number 7556. (. ) حَتَّى تَنْكِحَ زَوْجًا غَيْرَهُ Until [ after ] she marries a husband, Al-Bahr al-Ra'iq Vol... Marriage to be analogous to our terms of service and privacy policy if he into! Used this verse as evidence for a mature woman who marries a in. Is first screened for her in lieu of what he enjoyed from her private part intriguing when it not... Sunni school of thought that gives room for the validity of this marriage is valid (,... Guy and make for a successful marriage as stated by ibn Katheer in his book As-Seerah An-Nabawiyyah ابْنَةَ! The linguists number 1880 ; also in Salih al-Jaami ’, hadeeth number 7556. authority of who... ( usage ) according to them, this hadith is also controversial and can be invalid. The Messenger of Allah and told him that post answers and add comments a contracted! The Alim for Windows release 4.51, Biography of Umm Salamah her....

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