Hadith: There is no marriage except with a guardian
عن أبي موسى الأشعري رضي الله عنه عن النبي صلى الله عليه وسلم قال: «لا نِكاح إلا بِوَلِيّ».
[صحيح] - [رواه أبو داود والترمذي وابن ماجه والدارمي وأحمد]
المزيــد ...
Abu Mūsa al-Ash‘ari (may Allah be pleased with him) reported that the Prophet (may Allah's peace and blessings be upon him) said: "There is no marriage except with a guardian."
Sahih/Authentic. - [Ibn Maajah]
The Hadīth indicates that a guardian is considered in a marriage contract, and his presence is a condition for the validity of marriage. Therefore, a marriage is not valid except with the presence of a guardian. It is a condition that the guardian must be a legally responsible person, who must be male, and he must be reasonable so as to know the benefits of marriage. The guardian and the woman under his guardianship must be of the same religion. A person who does not possess these qualities is not qualified to be a guardian in marriage. If a guardian is not available, then the ruler (or his representative) will be the guardian.
Benefits from the Hadith
- A guardian is required for the validity of marriage.
- The guardian is the closest man to a woman. No distant guardian can marry her off while a closer guardian is available.
- Marriage without a guardian is invalid and contrary to Shariah, and it should be annulled by the officials or through a Shar‘i divorce.
- If a woman has no guardian from among her relatives or heirs, then her guardian is the ruler or his delegate. The ruler is the guardian of those who have none.
- A guardian should be a rational person, for a woman’s interest cannot be served unless her guardian is rational.
Categories
More ...
- Hadith: Let not a believing man hate a believing woman. If he dislikes one of her characteristics, he will be pleased with another
- Hadith: Whoever unjustly usurps even one handspan of land, his neck will be encircled with it down the seven earths
- Hadith: A previously married woman should not be married until her verbal consent has been sought, and a virgin should not be married until her permission has been sought. They said: O Messenger of Allah, what is her permission? He said: When she remains silent
- Hadith: Announce marriages
- Hadith: If any woman marries without the permission of her guardians, her marriage is void
- Hadith: No woman should perform the marriage of another woman, and no woman should perform her own marriage. It is an adulteress who performs her own marriage
- Hadith: I advise you to treat women kindly, for the woman was created from a rib, and the most crooked part of the rib is its uppermost part. If you try to straighten it, you will break it; and if you leave it, it will remain crooked. So, treat women kindly.