Any woman who marries without the permission of her guardians, her marriage is void—three …

Islam > Hadiths > Family jurisprudence > Any woman who marries without the permission of her guardians, her marriage is void—three …

Hadith narrated by Narrated by Abu Dāwūd, At-Tirmidhi, Ibn Mājah, and Ahmad

Authentic

Hadith text: Any woman who marries without the permission of her gua…

Explanation of the hadith: Any woman who marries without the permission of her gua…

Lessons: Any woman who marries without the permission of her gua…

• The legal guardian is a condition for the validity of marriage, and it was reported from Ibn al-Mundhir that none among the Companions is known to have a different opinion.
• In case of an invalid marriage, a woman is entitled to the dowry in return for having sexual intercourse with her.
• The ruler is the legal matrimonial guardian of any woman who does not have a guardian, whether because he does not exist in the first place or he is preventing her from marriage.
• The ruler is regarded as the guardian of anyone having no guardian, in case the guardian is absent or cannot fulfill his role. The judge acts on behalf of the ruler, as he is his deputy in such matters.
• Guardianship in a woman's marriage does not mean that she has no right; rather, she has a right, and her guardian is not permitted to marry her off except with her permission.
• The conditions of a valid marriage are: 1. Identifying each of the two spouses by signaling, naming, describing, etc. 2. The mutual consent of both spouses. 3. The woman's legal guardian is the one to conclude the marriage contract on her behalf. 4. Having witnesses testify to the marriage contract.
• The conditions that should be fulfilled by the guardian who concludes the marriage contract are: 1. Sanity. 2. Being a male. 3. Adulthood, by reaching the age of fifteen or reaching sexual maturity. 4. Having the same religion, as no disbeliever is entitled to guardianship over a male or a female Muslim, likewise no Muslim is entitled to guardianship over a male or a female disbeliever. 5. Uprightness that is contrary to defiant disobedience, and here it is sufficient that he acts with the intent of ensuring the best interest of the woman he is responsible for marrying off. 6. Being sensible and not foolish, meaning the ability to discern the suitability of the potential spouse and understand the interests involved in marriage.
• The woman's legal matrimonial guardians have a specific order according to the Muslim jurists, and it is not permissible to bypass the closest guardian unless he is absent or does not meet the necessary conditions. The woman's guardian is her father, then his appointed guardian for her, then her paternal grandfather up to all ancestors, then her son, then his sons down to all descendants, then her full brother, then her half-brother from the father's side, then their sons, then her paternal uncle (from both parents), then her paternal uncle from the father's side, then their sons, then the closest male relative from her ‘Asabah (male relatives who inherit), then the Muslim ruler or his delegate, like the judge, is the guardian of whoever has no guardian.

Categories : Family Jurisprudence · Marriage · Jurisprudence and Juristic Principles