The Ruling on the Marriage Contract Without a Guardian
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Question:
He asks and says: We have what is called "simplifying the marriage contract," which is the agreement between the spouses on the mahr and the presence of two witnesses without the permission of the wali, either because he is not present or because he does not give permission. Is this contract considered valid?
Answer:
It is not valid. There is no marriage contract except with a wali. The Prophet (peace and blessings be upon him) said in the authentic hadith:Sunan Ibn Majah 1880Sahih (Darussalam). Therefore, a woman does not marry herself, nor does she marry off another woman. It is necessary in marriage to have a wali. The marriage is attended by four people: the wali, the husband, and the two witnesses. This is the Shari'ah marriage. The wali is the closest of the 'asabah (residuary male heirs) to the woman: her father, then her grandfather, however high up the line, from... the males, then her son, then her grandson, however low down the line, then her full brother, then her brother on the father's side, then the rest of the 'asabah, the closest to the most distant. It is necessary to have a wali, and he must be a Muslim known for his goodness and justice, according to the principle of ease. If a just person is not available, it is permissible even if he is not just, provided he is a Muslim.
The point is that it is necessary to have a wali and two witnesses known for their goodness and justice. The husband is the one with the need, and the wali marries her off, saying: "I have married you so-and-so, the daughter of so-and-so," or her daughter, or her sister, or the like. The husband says: "I accept," and the two witnesses testify to that.
As for what is called "customary marriage," which is her marrying herself without a wali, this is not permissible; rather, it is invalid according to the majority of the scholars. The authentic text from the Messenger of Allah (peace and blessings be upon him) indicates this, his saying:Sunan Ibn Majah 1880Sahih (Darussalam), and his saying (peace and blessings be upon him): Sunan Ibn Majah 1882Sahih (Darussalam). Yes.
The presenter: May Allah reward you with good.
He asks and says: We have what is called "simplifying the marriage contract," which is the agreement between the spouses on the mahr and the presence of two witnesses without the permission of the wali, either because he is not present or because he does not give permission. Is this contract considered valid?
Answer:
It is not valid. There is no marriage contract except with a wali. The Prophet (peace and blessings be upon him) said in the authentic hadith:
There is no marriage except with a guardian.
لا نكاح إلا بوليThe point is that it is necessary to have a wali and two witnesses known for their goodness and justice. The husband is the one with the need, and the wali marries her off, saying: "I have married you so-and-so, the daughter of so-and-so," or her daughter, or her sister, or the like. The husband says: "I accept," and the two witnesses testify to that.
As for what is called "customary marriage," which is her marrying herself without a wali, this is not permissible; rather, it is invalid according to the majority of the scholars. The authentic text from the Messenger of Allah (peace and blessings be upon him) indicates this, his saying:
There is no marriage except with a guardian.
لا نكاح إلا بوليNo woman should arrange the marriage of another woman, and no woman should arrange her own marriage
لا تزوج المرأة المرأة ولا تزوج المرأة نفسهاThe presenter: May Allah reward you with good.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.