Is there evidence for those who do not consider the guardian a condition for the marriage contract?
Machine translationRead the Arabic original
The questioner : There is a problem... [Al-Baqarah 2:230] and likewise... .
The Shaykh : It is easy.
The questioner : And among that is the fact that Aisha (may Allah be pleased with her), when she got married... .
The Shaykh : As for the saying[Al-Baqarah 2:230], this is a general statement that is restricted by the texts indicating that there is no marriage except with a guardian. Did you understand? And as for Aisha's action, we do not know of its authenticity. And as for the one who gives in marriage, it is because the Prophet (peace and blessings be upon him) is more worthy of the believers than themselves, and his contracting a marriage for another is valid by consensus.
The questioner : ... .
The Shaykh : Yes? I mean, all the evidence cited by those who say the marriage is valid without a guardian is all ambiguous, meaning it contains something that is open to interpretation, so it must be interpreted according to the clear texts. But yes, in cases of dire necessity, there is no doubt that a woman marries herself, and we have no doubt about that. A matter passed us that some of the brothers mentioned; they asked about it, and then we said the answer would be postponed. Then we found the answer to it among the scholars, and they mention it?
The questioner : ... .
The Shaykh : No.
The questioner : ... .
The Shaykh : No, no, my brothers. If a man and a woman are in the desert with no one with them, and he wants to marry her, and there is no guardian, what did we say? We said they mentioned two opinions regarding it. The first opinion is that he marries himself and acts as her guardian, and the second is that she is the one who marries herself. Necessities have their own rulings, meaning it is not possible, if we do not find a guardian for a woman, to say she does not marry. No, either she marries herself, or one of the Muslims marries her.
The questioner : ... .
The Shaykh : The time is up. Okay.
The questioner :"... speaking, and compatibility is not a condition, and religion and position, which are lineage and freedom, are conditions for its validity. So if the father marries a chaste woman to a wicked man, or an Arab woman to a non-Arab, then the one who is not pleased among the woman or the guardians has the right to annul it" .
until [after] she marries a husband other than him
حتى تنكح زوجا غيرهThe Shaykh : It is easy.
The questioner : And among that is the fact that Aisha (may Allah be pleased with her), when she got married... .
The Shaykh : As for the saying
until [after] she marries a husband other than him
حتى تنكح زوجا غيرهThe questioner : ... .
The Shaykh : Yes? I mean, all the evidence cited by those who say the marriage is valid without a guardian is all ambiguous, meaning it contains something that is open to interpretation, so it must be interpreted according to the clear texts. But yes, in cases of dire necessity, there is no doubt that a woman marries herself, and we have no doubt about that. A matter passed us that some of the brothers mentioned; they asked about it, and then we said the answer would be postponed. Then we found the answer to it among the scholars, and they mention it?
The questioner : ... .
The Shaykh : No.
The questioner : ... .
The Shaykh : No, no, my brothers. If a man and a woman are in the desert with no one with them, and he wants to marry her, and there is no guardian, what did we say? We said they mentioned two opinions regarding it. The first opinion is that he marries himself and acts as her guardian, and the second is that she is the one who marries herself. Necessities have their own rulings, meaning it is not possible, if we do not find a guardian for a woman, to say she does not marry. No, either she marries herself, or one of the Muslims marries her.
The questioner : ... .
The Shaykh : The time is up. Okay.
The questioner :"... speaking, and compatibility is not a condition, and religion and position, which are lineage and freedom, are conditions for its validity. So if the father marries a chaste woman to a wicked man, or an Arab woman to a non-Arab, then the one who is not pleased among the woman or the guardians has the right to annul it" .