The ruling on marriage without a guardian if it is in a country other than the guardian's country
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Question:
A very long letter reached the program from one of the listening brothers, in which he asks about the ruling on marriage without a guardian, especially if the prospective bride is a previously married woman, and especially if the suitor and the prospective bride are in a country other than the guardian's country?
Answer:
The guardian is necessary. The Prophet (peace and blessings be upon him) said:Sunan Ibn Majah 1880Sahih (Darussalam) So it is necessary that the woman informs her guardian, and he is the one who takes charge of the marriage contract. The woman does not marry herself, and she does not marry another woman. This is zina. The difference between zina and marriage is the guardian, the conditions that Allah stipulated for it. So a guardian is necessary, two witnesses are necessary, and an offer and acceptance are necessary.
So it is not permissible for a woman to marry herself, whether she is a previously married woman or a virgin. Rather, it is obligatory for her to refer the matter to her guardian, and her guardian is the one who takes charge of it. It is obligatory for the guardian to fear Allah, and not to make things difficult for her, and to strive to facilitate her marriage if a suitable suitor proposes to her. It should, rather, it is obligatory for the guardian to make it easy, and to strive to protect the chastity of his ward, and to facilitate her marriage, and not to be stubborn or make things difficult, neither in the mahr, nor in the feasts, nor in anything else. This is what is obligatory for him. And if he makes things difficult for her, or makes things difficult in these matters, she can refer the matter to the court if she is in a country that has a court, so that the court looks into the matter and takes action against the guardian.
As for if the woman is in a country where there is no guardian, where there is no brother, no father, and no paternal cousin, then the ruler takes the place of the guardian. The ruler is her guardian, based on the saying of the Prophet (peace and blessings be upon him):Sunan Abi Dawud 2083Sahih (Al-Albani) So the ruler takes the place of her guardian, and he becomes her guardian. He marries her, or he appoints someone to marry her.
So if she is in a country where there is no ruler, no judge, and no guardian, like the Muslim minorities in the lands of disbelief, then the head of the Islamic center should marry her if they have an Islamic center, because he is like the prince, like the sultan among them. And the head of the Islamic center looks into her case and marries her to a suitable man if she has no guardians and there is no judge. Yes.
The presenter : May Allah reward you with good. And if the guardian is far away, does the one in authority take the place of...... in this case?
The Shaykh : If he is far away, he is contacted, he is written to, until he sends the agency. The agency, yes.
The presenter : Until he sends the agency.
The Shaykh : If he is far away, and his location is known, then he is written to. But if his location is not known, then the guardian after him takes his place. The one closer to him takes his place. So if she has no guardian other than the absent one whose location is unknown, then the sultan takes his place, meaning the ruler, or the prince if she has no ruler, takes his place.
The presenter : May Allah reward you with good.
A very long letter reached the program from one of the listening brothers, in which he asks about the ruling on marriage without a guardian, especially if the prospective bride is a previously married woman, and especially if the suitor and the prospective bride are in a country other than the guardian's country?
Answer:
The guardian is necessary. The Prophet (peace and blessings be upon him) said:
There is no marriage except with a guardian.
لا نكاح إلا بوليSo it is not permissible for a woman to marry herself, whether she is a previously married woman or a virgin. Rather, it is obligatory for her to refer the matter to her guardian, and her guardian is the one who takes charge of it. It is obligatory for the guardian to fear Allah, and not to make things difficult for her, and to strive to facilitate her marriage if a suitable suitor proposes to her. It should, rather, it is obligatory for the guardian to make it easy, and to strive to protect the chastity of his ward, and to facilitate her marriage, and not to be stubborn or make things difficult, neither in the mahr, nor in the feasts, nor in anything else. This is what is obligatory for him. And if he makes things difficult for her, or makes things difficult in these matters, she can refer the matter to the court if she is in a country that has a court, so that the court looks into the matter and takes action against the guardian.
As for if the woman is in a country where there is no guardian, where there is no brother, no father, and no paternal cousin, then the ruler takes the place of the guardian. The ruler is her guardian, based on the saying of the Prophet (peace and blessings be upon him):
the sultan (man in authority) is the guardian of one who has none
السلطان ولي من لا ولي لهSo if she is in a country where there is no ruler, no judge, and no guardian, like the Muslim minorities in the lands of disbelief, then the head of the Islamic center should marry her if they have an Islamic center, because he is like the prince, like the sultan among them. And the head of the Islamic center looks into her case and marries her to a suitable man if she has no guardians and there is no judge. Yes.
The presenter : May Allah reward you with good. And if the guardian is far away, does the one in authority take the place of...... in this case?
The Shaykh : If he is far away, he is contacted, he is written to, until he sends the agency. The agency, yes.
The presenter : Until he sends the agency.
The Shaykh : If he is far away, and his location is known, then he is written to. But if his location is not known, then the guardian after him takes his place. The one closer to him takes his place. So if she has no guardian other than the absent one whose location is unknown, then the sultan takes his place, meaning the ruler, or the prince if she has no ruler, takes his place.
The presenter : May Allah reward you with good.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.