Is it permissible for an unmarried woman to marry herself off?
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The questioner : Is it permissible for an unmarried woman to marry herself off?
The Shaykh : It is not permissible for an unmarried woman, nor for a woman who is not unmarried, to marry herself off. Rather, she must have a guardian (wali). The guardian is only a male from among her residuary male heirs ('asabah). If none is found, the ruler is the guardian of the one who has no guardian. The ruler is the one with the highest authority in the state, or the one the ruler appoints in these matters to act in his place.
The questioner : Yes.
The Shaykh : This is based on the saying of the Prophet (peace and blessings be upon him):Sunan Ibn Majah 1880Sahih (Darussalam) And based on His saying, the Exalted, which bears witness to this hadith: [An-Nur 24:32] He said: Thus, the matter of the unmarried women was entrusted to us. If the unmarried women, who are those who have become widowed or divorced from their previous husbands, could have married themselves off, the address would not have been directed to their guardians. The important point is that a guardian is necessary to conclude the marriage contract for the woman.
The questioner : May Allah reward you.
The Shaykh : It is not permissible for an unmarried woman, nor for a woman who is not unmarried, to marry herself off. Rather, she must have a guardian (wali). The guardian is only a male from among her residuary male heirs ('asabah). If none is found, the ruler is the guardian of the one who has no guardian. The ruler is the one with the highest authority in the state, or the one the ruler appoints in these matters to act in his place.
The questioner : Yes.
The Shaykh : This is based on the saying of the Prophet (peace and blessings be upon him):
There is no marriage except with a guardian.
لا نكاح إلا بوليAnd marry the unmarried among you and the righteous among your male slaves and female slaves
وَأَنكِحُوا الأَيَامَى مِنْكُمْ وَالصَّالِحِينَ مِنْ عِبَادِكُمْ وَإِمَائِكُمْAnd marry the unmarried among you
وَأَنكِحُوا الأَيَامَى مِنْكُمْThe questioner : May Allah reward you.
