The Ruling on a Woman’s Marriage Without a Guardian

The questioner:
He says in this question: What is the legal ruling in these matters? Your Eminence the Shaykh, a man contracted a marriage with a woman without her guardian, so what is the ruling in that?

The Shaykh:
A contract without a guardian is a defective contract, not valid according to the correct view held by the majority of scholars. A woman does not have the right to contract her own marriage. The Prophet (peace and blessings be upon him) said, “There is no marriage except with a guardian,” and he said the woman, and both are authentic hadiths. It is obligatory for the woman to refer the matter to her guardian. Her guardian is her father if he exists, or her grandfather. If there is no father or grandfather, then it is her son or her son’s son. If none of them exist, then it is the full brother, then the brother on the father’s side, and so on according to the order of the residuary male heirs. However, the priority among them is the father, then the grandfather, however high up the line, then the son, then the son’s son, however low down the line, then the full brother, then the brother on the father’s side, then the son of the full brother, then the son of the brother on the father’s side, then the full paternal uncle, then the paternal uncle on the father’s side, then the nearest of the residuary male heirs. She does not have the right to marry herself. If she does, the marriage is defective and not valid. It must be renewed, and she must repent from that. But if they did it and she became pregnant, the child is attributed to the father because it is a child of doubt, attributed to him, but with the sin. It must be renewed, and they must be disciplined. It is obligatory for the one in authority to discipline them if they do that, because this is wrong. The obligation is to discipline the one who did that and to renew the contract with a valid Islamic contract. Yes.

The presenter:
If, Your Eminence the Shaykh, the contract is renewed with witnesses.

The Shaykh:
With two witnesses. Yes.

The presenter:
May Allah reward you with good.