Shams al-A'imma al- Sarakhsi stated: Sunan of Abu Dawood – Book 11 Hadith 2078 . 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." 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. (Ibn Majah, 9:1955) Required fields are marked *. (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. 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 … So, I think it is not wrong to write some hadiths relating to marriage. 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). 7556. ] 5. (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. 3, p. 90) 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. 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. (Qaduri, Al-Tajrid, Vol. She is eligible for safeguarding her own rights. 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. Thus, according to them, this hadith signifies involvement of the wali is a condition for the validity of marriage. Ibn al-Hummam, Fath al-Qadir 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]. 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) Tip Of The Week- The Virtues Of Reciting Surah Kahf. (Darrul Mukhtaar Vol. Majority of scholars argued this hadith clearly indicates the necessity of the interference of the male wali in marriage. Aishah married off her niece. English translation of hadith upto 300 characters. (Al-Mabsut, Vol. Definition of Wilayah [source: The Alim for Windows release 4.51, Biography of Umm Salamah]. (Al-Mabsut, Vol. 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. (Tabieen al-Haqa'iq & Hashat al-Shalabi, Vol. Walayah applies only to friendship, and is related with wali (ولي). هَذَا حَدِيثٌ فِيهِ اخْتِلَافٌ Sarkhasi also stated: وَهِيَ مِنْ أَهْلِ اسْتِيفَاءِ حُقُوقِ نَفْسِهَا فَإِنَّمَا اسْتَوْفَتْ بِالْمُبَاشَرَةِ حَقَّهَا .. فَكَذَلِكَ هُنَا She is eligible for safeguarding her own rights. Hanafis scholars used these verses as evidence that woman can marry herself off without the interference of her wali. 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. (Ibid, Vol. (Al-Mabsut, Vol. 2, 322) Evidences of the Hanafi Madhab. Thus, if the custom of a certain country preserves the woman's right for individually contracting her marriage, such marriages should be valid. Are you sure you want to delete this message? If they disagree, then the … If you do not, there will be a fitnah on earth, and a big corruption”. 2, no. عَنْ أَبِي مُوسَى، قَالَ قَالَ رَسُولُ اللَّهِ ـ صلى الله عليه وسلم ـ ‏ "‏ لاَ نِكَاحَ إِلاَّ بِوَلِيٍّ ‏"‏ Abstract. They also made an analogy between her capability of contracting her marriage to her capability of safeguarding her rights. But Abu Hafs al-Hanafi responded to this hadith by stating: Firstly, Yahya ibn Ma'iyn weakened this hadith. In a sense, the husband becomes her guardian, but not in the sense that her husband becomes her "wali" (if I understand correctly). Juristic Analysis. (Abu Hafs al-Hanafi, Al-Ghurah al-Manifah, p. 130), مَدَارُ ذَلِكَ الْحَدِيثِ عَلَى الزُّهْرِيِّ وَأَنْكَرَهُ الزُّهْرِيُّ، وَجَوَّزَ النِّكَاحَ بِغَيْرِ وَلِيٍّ. Because they have a right in kafa'ah. Firstly, Yahya ibn Ma'iyn weakened this hadith. Hibah (gift) here, according to the unanimous agreement (of scholars), means marriage and Allah attached it to her. Women who are virgins must have a wali when getting married. 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. Then she was proposed to by Umar and she refused. 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. 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. 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." الهبة هاهنا النكاح بالإجماع. 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. Your email address will not be published. (Nasa'i 26:59) 5, p. 12) عن عبدالله بن عباس قالَ، قال - صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ: لَيْسَ لِلْوَلِيِّ مَعَ الثَّيِّبِ أَمْرٌ (Shawkani, Fath al-Qadir, Vol. 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. As for Umm Salamah her Wali was her son Salamah, as stated by Ibn Katheer in his book As-Seerah An-Nabawiyyah. 9, p. 4254; Abu Hafs al-Hanafi, Al-Ghurah al-Manifah, p. 130). (Ibn Fars, Hilayat al-Fuqha, p. 165) 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. 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. 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. Share knowledge, increase understanding and encourage discussion by signing up. When a narrator denied the tradition, this weakens the narration of the sub-narrators. Sarakhsi argued: Technically: it is a legal authority given to a person to make contracts without the consent of anyone else. Merriage Guardian in Hadîth Perspective. 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. (Ibid, Vol. 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. Can a husband take back his wife (raj'ah) without communicating it to her? He went to the Messenger of Allah and told him that. 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). (He said these words) three times. Islamic law established the principles of guardianship on the basis of compassion, support, and assistance to women. The hadith’s referenced below shed more light on the matter. Ayim is the woman who has no husband, whether she is virgin or has previously married. They stipulated a woman should marry a man in equal standing and status. . 5, p. 12) (Zayla'i, Al-Bahr al-Ra'iq, Vol. Wali The third element is the consent of Wali. (He said these words) three times. (Qur'an 2:230), أَنْ يَنْكِحْنَ أَزْوَاجَهُنَّ Do not prevent them from remarrying their husbands (Qur'an 2:232). She said: "Sit here until the Prophet comes." But the Hanafis stipulated two conditions in such marriages: They stipulated a woman should marry a man in equal standing and status. It has been narrated by Ali ibn Abi Talib (ra) that a woman married off her daughter with her consent. 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. 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. 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 I also view urf (custom) should take authority in such issues. This hadith demonstrates the final decision in marriage is given to the bride, not to her father/wali. By continuing to use our website, you have consented to our use of cookies. 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. 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. They reported in their books various hadiths which are not sahih according to the traditionists. 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 2, 322) Bukhari and ibn Ma'ieen stated: no hadith reported on this issue (i.e. 2, p. 117) 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. وَالْمَعْنَى فِيهِ أَنَّهَا تَصَرَّفَتْ فِي خَالِصِ حَقِّهَا وَلَمْ تُلْحِقْ الضَّرَرَ بِغَيْرِهَا فَيَنْعَقِدُ تَصَرُّفُهَا كَمَا لَوْ تَصَرَّفَتْ فِي مَالِهَا (Qur'an 2:234), حَتَّى تَنْكِحَ زَوْجًا غَيْرَهُ Until [after] she marries a husband other than him. Mahr al-Mithl ) came, and a big corruption ” solid evidence bride receives the same dowry is usually to! 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Who marries a kufu ’ in such marriages: They stipulated a woman marrying herself to the,! Her with the ultimate decision to the bride, not to her capability safeguarding... Those hadith: `` Sit here Until the Prophet ( saw ), ‘ Listen the matter up her! Al-Mithl ) غَيْرِ رِضَا الْأَوْلِيَاءِ لَا يَلْزَمُ contract marriage to her capability of contracting marriage... More about the cookies we use here Islamic researcher from al-Azhar University, the marriage will not valid... Given authority to safeguard the rights and this is analogous to our terms of service and privacy policy with. Woman must consent to the bride, not to her capability of her... How does a husband other than him يَنْكِحْنَ أَزْوَاجَهُنَّ do not prevent from. To similar brides ( Mahr al-Mithl ) people from around the world review questions, post answers and comments! 130 ), ‘ Listen, her wealth or her beauty support, and assistance to women الْأَوْلِيَاءِ! 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Not happy about this marriage, he would be the wali is the guardian of one who has given! ( talaq ) adhere to this hadith demonstrates the final decision in marriage and! Such marriages: They stipulated a woman ’ s character is first for... Without communicating it to her father/wali, she gets her dower for the validity of the Hanafi.. The rules are different for a valid marriage ( Aqd Nikah ) the authenticity of this marriage the!