The Ruling on a Woman Marrying Herself

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Question:
This questioner, Umm Muhammad, says: If a woman says to a man, "I give myself to you in marriage according to the Book of Allah and the Sunnah of His Messenger (peace and blessings be upon him)," does this marriage become valid?

Answer:
It does not become valid according to the majority of scholars, because the presence of a guardian is a condition. The contract for a woman must be conducted through her guardian. The marriage of a woman who marries herself is invalid, as in the hadith:

Invalid, invalid. So a woman does not marry herself, and a woman

باطل باطل، فلا تزوج المرأة نفسها ولا المرأة

. The guardian is required, and he is the closest of her relatives. If she has no guardian, then the ruler takes charge, or the ruler's deputy, such as a judge or an emir. The sultan takes charge of the contract for the one who has no guardian, as in the hadith:

and no woman should arrange her own marriage

ولا تزوج المراه نفسها

Sunan Ibn Majah 1882Sahih (Darussalam)

. Allah the Exalted said:

And marry the unmarried among you

وَأَنكِحُوا الْأَيَامَىٰ مِنكُمْ

[An-Nur 24:32]

. This is an address to men.

And marry the unmarried among you

وَأَنكِحُوا الْأَيَامَىٰ مِنكُمْ

[An-Nur 24:32]

indicates that those who take charge of the contract are the men, the guardians of the women.

And marry the unmarried among you and the righteous among your male slaves and female slaves

وَأَنكِحُوا الْأَيَامَىٰ مِنكُمْ وَالصَّالِحِينَ مِنْ عِبَادِكُمْ وَإِمَائِكُمْ

[An-Nur 24:32]

. And the Prophet (peace and blessings be upon him) said:

There is no marriage except with a guardian and two just witnesses

لا نكاح إلا بولي وشاهدي عدل

Sunan al-Bayhaqi 10:1088

. Yes.

Source نور على الدرب - الفوزان - 03/021 — archive.org (9:24)

The Arabic text is a machine transcription of the audio recording.

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