Hadith: Any woman who marries without the permission of her guardians, her marriage is void—three times—and if he consummated the marriage with her, she would be entitled to the dowry in return for his copulation with her. If a dispute arises between them, the ruler shall be the guardian of whoever has no guardian
عَنْ عَائِشَةَ أُمِّ المُؤْمِنينَ رَضِي اللهُ عنْها قَالَتْ: قَالَ رَسُولُ اللَّهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ:
«أَيُّمَا امْرَأَةٍ نَكَحَتْ بِغَيْرِ إِذْنِ مَوَالِيهَا، فَنِكَاحُهَا بَاطِلٌ -ثَلَاثَ مَرَّاتٍ- فَإِنْ دَخَلَ بِهَا فَالْمَهْرُ لَهَا بِمَا أَصَابَ مِنْهَا، فَإِنْ تَشَاجَرُوا فَالسُّلْطَانُ وَلِيُّ مَنْ لَا وَلِيَّ لَهُ».
[صحيح] - [رواه أبو داود والترمذي وابن ماجه وأحمد] - [سنن أبي داود: 2083]
المزيــد ...
‘Ā’ishah, Mother of the Believers, (may Allah be pleased with her) reported: The Messenger of Allah (may Allah's peace and blessings be upon him) said:
"Any woman who marries without the permission of her guardians, her marriage is void—three times—and if he consummated the marriage with her, she would be entitled to the dowry in return for his copulation with her. If a dispute arises between them, the ruler shall be the guardian of whoever has no guardian."
[Authentic hadith] - [Narrated by Abu Daoud & At-Termedhy Ibn Majah & Ahmad] - [Sunan Abu Daoud - 2083]
The Prophet (may Allah's peace and blessings be upon him) warned that a woman should not give herself in marriage without her guardians' permission and that her marriage would be void, repeating this three times, as if it did not exist.
If the one who married her without her guardian's permission consummated the marriage with her, then the whole dowry would be hers on account of having sexual intercourse with her.
If the guardians dispute over the guardianship of the marriage contract—and their ranks are equal in this regard—the contract goes to whoever among them initiates it first, provided it is done with her best interest in mind. If the guardian refuses to marry her off, it is as if she has no guardian; in this case, the ruler or his delegate, such as the judge and the like, becomes her guardian. Otherwise, the ruler has no guardianship if a legitimate guardian is present.
Benefits from the Hadith
- 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
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