Guardian | permission | Marriage and permission of a guardian

By habibkhan
April 22, 2015

Islam is a religion that considered every aspect of life. and discussed that aspect in a very deliberate manner. Marriage is an agreement between two people to live a life together. Marriage involves many factors which include the permission of parents or guardians. Marrying a girl needs her permission as well. To the majority of scholars, there is no marriage if the guardian of the girl is not agreeing with the marriage. Hazarat Muhammad ﷺ said:

“There should be no nikaah (marriage contract) except with a wali (guardian).”
(Narrated by al-Tirmidhi, 1101; Abu Dawood, 2085; Ibn Maajah, 1881).

“Any woman who gets married without the permission of her wali, her marriage is invalid, her marriage is invalid, her marriage is invalid. If her husband has consummated the marriage, then the mahr belongs to her in return for that. If she does not have a wali then the (Muslim) ruler is the wali of anyone who does not have a wali.”
(Narrated and classed as hasan by al-Tirmidhi, 1102; Abu Dawood, 2083; Ibn Maajah, 1879).

Above all, If the father or guardian is not allowing to marry a person who she likes to be married to then it passes to someone who fits to be a guardian.

Who is the legal guardian:

If no one from her guardian is allowing to marry the person he desires then the ruler is her guardian. Therefore, The guardian has the right to decide what is right and what is wrong for her but he does not have to right to prevent her from marriage.

‘And when you have divorced women and they have fulfilled the term of their prescribed period, do not prevent them from marrying their (former) husbands’ [al-Baqarah 2:232].

In conclusion, This verse of the Quran is about women who are divorced. The others who are married earlier. In other words, It is allowed for women to marry as per their will.