The Obligation of the Guardian's Consent in the Marriage Contract
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Question: Is the guardian's consent obligatory in the case of a woman who has previously been married remarrying? And what are the conditions for a valid marriage in her case?
Answer: One of the conditions for the validity of the marriage contract is that it be issued by a guardian, whether the woman is a virgin or a previously married woman; based on the saying of the Prophet (peace and blessings be upon him):Sunan Ibn Majah 1880Sahih (Darussalam), and his saying (peace and blessings be upon him): Sunan Ibn Majah 1882Sahih (Darussalam). However, a previously married woman must explicitly give her permission, and she is the one referred to as a previously married woman. As for a virgin, her silence is sufficient, based on the saying of the Prophet (peace and blessings be upon him): Sahih al-Bukhari 6970. They said: O Messenger of Allah, how does she give her permission? He said: . It is agreed upon that it is authentic.
Muslim narrated in his Sahih from the Prophet (peace and blessings be upon him) that he said:Mishkat al-Masabih 3127. The meaning of his saying (peace and blessings be upon him): Sunan an-Nasa'i 3261Sahih (Darussalam) is that her guardian has no right to marry her off except with her explicit permission; this is to reconcile the hadiths in this chapter, and it is the opinion of the majority of scholars, and it is the truth that conforms to the authentic hadiths. And success is from Allah.
Answer: One of the conditions for the validity of the marriage contract is that it be issued by a guardian, whether the woman is a virgin or a previously married woman; based on the saying of the Prophet (peace and blessings be upon him):
There is no marriage except with a guardian.
لا نكاح إلا بوليّNo woman should arrange the marriage of another woman, and no woman should arrange her own marriage
لا تزوج المرأة المرأة، ولا المرأة نفسهاA lady slave should not be given in marriage until she is consulted, and a virgin should not be given in marriage until her permission is granted.
لا تنكح الأيم حتى تستأمر، ولا تنكح البكر حتى تستأذنThat she remains silent.
أن تسكتMuslim narrated in his Sahih from the Prophet (peace and blessings be upon him) that he said:
a virgin’s father must ask her permission about herself, her permission being her silence.
الأيم أحق بنفسها من وليها، والبكر يستأذنها أبوها وإذنها صماتهاA previously married woman has more right to decide about herself (with regard to marriage) than her guardian
الأيم أحق بنفسها من وليها
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.