Benefits of the Hadith: (A woman does not marry a woman, nor does a woman marry herself)
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The Shaykh : As for the second hadith of Abu Hurayrah, it is that the Messenger (peace and blessings be upon him) prohibited a woman from marrying herself or anyone else. Accordingly, she has no authority (wilayah) or agency in marriage contracts.
Among the benefits of these hadiths is the preservation of women's rights in Islam, contrary to what was the case in the pre-Islamic age of ignorance (jahiliyyah), where they forced their daughters to marry whomever they wished, not whomever the daughters wished.
Another benefit of these hadiths is the consideration of the qualification for authority (wilayah). That is, one does not take charge of affairs unless one is qualified to do so.
Another benefit of these hadiths is the indication of the woman's deficiency in legal capacity. If she is not fit to be a guardian (wali) over herself in marriage, then it is not valid for her to be a guardian over others in judgment or leadership. Therefore, it is not valid for a woman to be a ruler or a judge who passes judgment on people in general. However, there is no harm if she judges women in matters between them, or if she is the principal of a girls' school. But if she has authority over men or over the general public, that is not valid in the Shari'ah, because if she is not qualified to marry herself or be a guardian over herself, she is not qualified over others.
The student: Is all the more so.
The Shaykh : It is even more so.
Among the benefits of these hadiths is the preservation of women's rights in Islam, contrary to what was the case in the pre-Islamic age of ignorance (jahiliyyah), where they forced their daughters to marry whomever they wished, not whomever the daughters wished.
Another benefit of these hadiths is the consideration of the qualification for authority (wilayah). That is, one does not take charge of affairs unless one is qualified to do so.
Another benefit of these hadiths is the indication of the woman's deficiency in legal capacity. If she is not fit to be a guardian (wali) over herself in marriage, then it is not valid for her to be a guardian over others in judgment or leadership. Therefore, it is not valid for a woman to be a ruler or a judge who passes judgment on people in general. However, there is no harm if she judges women in matters between them, or if she is the principal of a girls' school. But if she has authority over men or over the general public, that is not valid in the Shari'ah, because if she is not qualified to marry herself or be a guardian over herself, she is not qualified over others.
The student: Is all the more so.
The Shaykh : It is even more so.