Ibn Qudamah, AL-Mughni Unlike the majority of scholars who maintained that wilayah in marriage is a rukn (pillar) of marriage and a condition for its validity, Hanafis viewed wilayah is not a condition for the validity of the marriage, but a condition for its completion (shart kamal). In a Nutshell: 2. 5, p. 12), روي عَنْ عَلِيِّ بْنِ أَبِي طَالِبٍ - رَضِيَ اللَّهُ عَنْهُ - أَنَّ امْرَأَةً زَوَّجَتْ ابْنَتَهَا بِرِضَاهَا فَجَاءَ أَوْلِيَاؤُهَا فَخَاصَمُوهَا إلَى عَلِيٍّ - رَضِيَ اللَّهُ عَنْهُ - فَأَجَازَ النِّكَاحَ It has been narrated by Ali ibn Abi Talib (ra) that a woman married off her daughter with her consent. This led the Hanafi jurist and traditionist, Zayla'i, to say: Then she was proposed to by Prophet Muhammad saaws and accepted. (Tabieen al-Haqa'iq & Hashat al-Shalabi, Vol. Juristic Analysis Wilaya (guardianship) in marriage is a kind of protection instituted by Islamic law to secure the interest of a woman's rights at a time when she is starting an important phase in her life. 3, p. 91). She is eligible for safeguarding her own rights. (Abu Hafs al-Hanafi, Al-Ghurah al-Manifah, p. 130) Aishah married off her niece. (Ibn Majah, 9:1955) “When a woman marries without the permission of her wali, then her marriage is not valid, not valid, not valid.” [Related by Ahmad, Tirmidhi and others. (Al-Ikhtiar, Vol 3, p. 91). Qaduri argues: We will send you account related emails occasionally - we will never spam you, honest! The wali is an absolute requirement for a marriage, and any marriage done without him is null and void according to the following hadith: "Laa Nikaha illa bi waliyyin wa as … But the Hanafis stipulated two conditions in such marriages: They stipulated a woman should marry a man in equal standing and status. A “mature” girl can marry whoever she wishes, provided the man is of her equivalent social standing, the marriage will be valid irrespective of whether the wali is informed or not, and irrespective of whether the wali gives his consent or not. Because she is a free, mature and sane person and thus she is eligible for the waliayah (guardianship) over herself such as the young man. (Tirmidhi 12:38) Majority of scholars argue this hadith clearly indicates a marriage contracted without the permission of a wali is null and void. Since the preservation and protection of the family set up is of paramount importance to Quran References Tirmidhi said, this is a hasan Hadith. Shams al-A'imma al- Sarakhsi stated: وَأَمَّا مَنْ جَوَّزَ النِّكَاحَ بِغَيْرِ وَلِيٍّ اسْتَدَلَّ بهذه الأيات، حيث أن المولي سبحانه وتعالي أَضَافَ الْعَقْدَ إلَيْهِنَّ فِي هَذِهِ الْآيَاتِ فَدَلَّ أَنَّهَا تَمْلِكُ الْمُبَاشَرَةَ Those who view the validity of marriage without the interference of the wali (male guardian) used these verse as evidence, for Allah (swt) ascribed the contract to them (women). (Ibn Fars, Hilayat al-Fuqha, p. 165), Technically: it is a legal authority given to a person to make contracts without the consent of anyone else. In all cases, the woman must consent to the marriage or the marriage can be ruled invalid. Thus, if a woman has a wilayah over herself, this means that she is capable of enacting her marriage independently without her wali (male guardian). The 7-types of Muslim Men Every Woman Has Come Across on Dating Apps, 7 Things Your Muslim Husband Won’t Tell You, Preventing the Girlfriend-Boyfriend Relationship. Hanafis doubt the authenticity of this hadith and argue it could not stand alone as an evidence. The necessity to have a wali in a marriage is emphasised in the hadith of the Prophet which states to the effect that: “There is no marriage without wali”. فَلَا جُنَاحَ عَلَيْكُمْ فِيمَا فَعَلْنَ فِي أَنْفُسِهِنَّ Evidences of the Hanafi Madhab Technically: it is a legal authority given to a person to make contracts without the consent of anyone else. Merghanani, Al-Hidayah Definition of Wilayah 2 Hadith. وَلِلْأَوْلِيَاءِ حَقُّ الِاعْتِرَاضِ؛ لِأَنَّ فِي الْكَفَاءَةِ حَقًّا لِلْأَوْلِيَاءِ وَبِهَذَا تَبَيَّنَ أَنَّ مَا رَوَوْا مِنْ حَدِيثِ عَائِشَةَ - رَضِيَ اللَّهُ تَعَالَى عَنْهَا - غَيْرُ صَحِيحٍ فَإِنَّ فَتْوَى الرَّاوِي بِخِلَافِ الْحَدِيثِ دَلِيلُ وَهَنِ الْحَدِيثِ 2, p. 117) They also argue that a woman's capability of enacting her own marriage is analogous to the mature sane person who is legally eligible to contract his marriage without the interference of a wali. He also quoted Tirmidhi saying: عَنْ أَبِي مُوسَى، قَالَ قَالَ رَسُولُ اللَّهِ ـ صلى الله عليه وسلم ـ ‏ "‏ لاَ نِكَاحَ إِلاَّ بِوَلِيٍّ ‏"‏ This sort of marriage is looked down upon in the Hanafi fiqh tradition probably because it inverts what is considered to be the normal relationship between the spouses, with the man meant to be “superior” in status to the woman. Tip Of The Week- The Virtues Of Reciting Surah Kahf. ... and none of my guardians are present." the stipulation of the wali) is sahih. There is a lot of confusion — and a lot of talk — about marriage. (He said these words) three times. It says in Badaa’i‘ as-Sanaa’i‘ (2/252): Most of the scholars said that having witnesses is a condition of the marriage … (Kasani, Bada'i al-Sana'i, Vol. 3, p. 259). your own Pins on Pinterest Further Ima… the bride receives the same dowry is usually given to similar brides (mahr al-Mithl). Ibn Fares, Hilyat al-Fuqaha Hanafis held a woman's eligibility to contract marriage to be analogous to her eligibility to contract financial transactions. 5, p. 12) Discover (and save!) She said: "O Messenger of Allah, I accept what my father did, but I wanted women to know that their fathers have no right to do that." Women who have previously had marital relations with a man, can represent themselves and do not have to have a wali for seeking the husband, but they WILL need a wali for the actual marriage contract, i.e. If your wali prevents you from marrying a man who is compatible and is pleasing in terms of his religious commitment and good character, and the rest of your relatives on your father’s side follow suit, and do not give you in marriage to someone who is compatible, then you may refer your case to the Muslim judge or whoever acts in his stead, such as the shaykh of the Islamic centre, or an Islamic daa‘iyah in … After reviewing the scholarly views on this topic, the preponderant and safest (ahwat) position in this issue is that both the bride and her wali should be involved in contracting the marriage. There's a strong emphasis on a woman's wali (guardian) during marriage, and when selecting a husband. All Rights Reserved. Tirmidhi said, this is a hasan Hadith]. This is based on the usuli maxim: "لا ينكر تغير الأحكام بتغير الزمان والحال والمكان - the change of the rulings according to the change of time, status and place is not denied." Suitability of the husband (Kafa'ah) [source: The Alim for Windows release 4.51, Biography of Umm Salamah]. If her wali is not happy about this marriage, the marriage will not be valid. Copyright © 2010 - 2017 Pure Matrimony. Thus, the fuqahaa (jurists) have stated that a weaver is not a Kufu’ (match) of a tailor, rather he is inferior nor is a tailor the Kufu’ of a cloth merchant nor a cloth merchant the Kufu’ of an aalim or qadhi. Hanafis held a woman's eligibility to contract marriage to be analogous to her eligibility to contract financial transactions. And a believing woman if she gives herself to the Prophet (Qur'an 33:50) عن عبد الله بن عباس أن النبي - صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ قال: الْأَيِّمُ أَحَقُّ بِنَفْسِهَا مِنْ وَلِيِّهَا When a narrator denied the tradition, this weakens the narration of the sub-narrators. He said, “The one who conducted her marriage contract was her son, Salamah ibn Abu Salamah, who was the eldest of her children.” [End of Quote] Salamah was an adult, unlike (her son) ‘Umar, who was a young boy at the time. 2, p. 317). It has been reported that Aishah married off her niece, Hafsah the daughter of Abdul Rahman ibn Al-Mundhir ibn Al-Zubir , while he was absent. 9, p. 4239), عن عبد الله بن عباس أن النبي - صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ قال: الْأَيِّمُ أَحَقُّ بِنَفْسِهَا مِنْ وَلِيِّهَا Ibn Abbas (ra) reported the Prophet (saw) as saying: A woman without a husband has more right to her person than her guardian. (Ibn Fars, Hilayat al-Fuqha, p. 165) Protector, Guardian, Supporter, Helper, Friend etc. لِأَنَّهَا حُرَّةٌ بَالِغَةٌ عَاقِلَةٌ فَتَكُونُ لَهَا الْوِلَايَةُ عَلَى نَفْسِهَا كَالْغُلَامِ The Holy Qur'an has in so many verses pointed out the different purposes of marriage.It states: "And of His signs is that He has created wives for you from yourselves that you might find quiet of wind in them, and He put between you love and affection" (xxx. 5, p. 12). In simpler terms: 1. Sarakhsi, Al-Mabsut لِأَنَّهَا حُرَّةٌ بَالِغَةٌ عَاقِلَةٌ فَتَكُونُ لَهَا الْوِلَايَةُ عَلَى نَفْسِهَا كَالْغُلَامِ Because she is a free, mature and sane person and thus she is eligible for the waliayah (guardianship) over herself such as the young man. Because they have a right in kafa'ah. وَلِلْأَوْلِيَاءِ حَقُّ الِاعْتِرَاضِ؛ لِأَنَّ فِي الْكَفَاءَةِ حَقًّا لِلْأَوْلِيَاءِ If she married herself off to a man who is not kuf' (suitable) without the consent of her awliya, this marriage contract is not valid. (Qur'an 2:230) In the Maliki school, a woman must have a Wali present at the contract for the marriage to be sound. The issue of wilayah (male guardianship) in marriage is differed between the majority of Muslim jurists (Malikis, Shafi'is and Hanbalis) and the Hanafi jurists. They reported in their books various hadiths which are not sahih according to the traditionists. (Ibid, Vol. Al-Qasim (ra) narrated: Khansa bint Khidam was given by her father in marriage against her will, then the Prophet (saw) cancelled that marriage. عَنِ الْقَاسِمِ أَنَّ خَنْسَاءَ بِنْتَ خِذَامٍ أَنْكَحَهَا أَبُوهَا، وَهِيَ كَارِهَةٌ، فَرَدَّ النَّبِيُّ صلى الله عليه وسلم ذَلِكَ 3 p. 90) He also quoted Tirmidhi saying: هَذَا حَدِيثٌ فِيهِ اخْتِلَافٌ This hadith is controversial. This would block the means for immature marriages that may be contracted between teenagers usually leading to divorce and thus negatively affecting society. Majority of scholars argue this hadith clearly indicates a marriage contracted without the permission of a wali is null and void. This hadith demonstrates the final decision in marriage is given to the bride, not to her father/wali. Sahabah (Ibn Majah, 9:1955). If such a foundation is built with love, honesty, sincerity and true faith in Allah (SwT) and all that He has commanded, then there is nothing that could destroy such a firm building. (Tabieen al-Haqa'iq, Vol. The issue of wilayah (male guardianship) in marriage is differed between the majority of Muslim jurists (Malikis, Shafi'is and Hanbalis) and the Hanafi jurists. Wali The third element is the consent of Wali. Thus, according to them, this hadith signifies involvement of the wali is a condition for the validity of marriage. Abu Hafs then concluded that this hadith is weak: This sort of marriage is looked down upon in the Hanafi fiqh tradition probably because it inverts what is considered to be the normal relationship between the spouses, with the man meant to be “superior” in status to the woman. Juristic Analysis. Be part of and influence the most important global discussion that is defining our generation and generations to come, We use cookies to help give you the best experience on our site I also view urf (custom) should take authority in such issues. Firstly, Yahya ibn Ma'iyn weakened this hadith. 5. Bukhari and ibn Ma'ieen stated: no hadith reported on this issue (i.e. 5, p. 12) عن عبدالله بن عباس قالَ، قال - صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ: لَيْسَ لِلْوَلِيِّ مَعَ الثَّيِّبِ أَمْرٌ Every hadith about ‘Ali only uses wali (ولي), and not wali (والي). Unlike the majority of scholars who maintained that wilayah in marriage is a rukn (pillar) of marriage and a condition for its validity, Hanafis viewed wilayah is not a condition for the validity of the marriage, but a condition for its completion (shart kamal). 7556. ] (Al-Mabsut, Vol. The statement of women is legally allowed in marriage. “A woman’s word in marriage, in the offer or acceptance, is not valid. Thus, according to them, this hadith signifies involvement of the wali is a condition for the validity of marriage. Sunnah If you do not, there will be a fitnah on earth, and a big corruption”. Hanafis also used this verse as evidence for a woman marrying herself to the Prophet (saw) without having her wali with her. Women who are virgins must have a wali when getting married. 5, p. 12) Marriage is not permissible and is not valid except with a wali, according to the majority of scholars, because of the words of the Prophet (peace and blessings of Allaah be upon him): “There is … He said: "Go back to her and tell her: As for your saying that none of your guardians are present, none of your guardians, present or absent, would object to that." Thus, if the custom of a certain country preserves the woman's right for individually contracting her marriage, such marriages should be valid. I am a Masters student of Hanafi Jurisprudence. (Nasa'i 26:74; Ibn Majah 9:1947), In this hadith, the Prophet (saw) "فَجَعَلَ الأَمْرَ إِلَيْهَا - left the matter up to her" and also in another narration, he said: "فَانْكِحِي مَنْ شِئْتِ – marry whoever you wish", meaning that he (saw) gave her the authority to contract her marriage. 1. In this regard, the wali has a central role in ensuring that social hierarchies are not undermined by a woman marrying a man who is considered of lower social standing than her. Bukhari and ibn Ma'ieen stated: no hadith reported on this issue (i.e. Women should be married off only by their (Shar’ee) guardians (Wali) and their marriage should take place only with suitable matches.’ (Akfaa).’ (Daaraqutni and Bayhaqi) English translation of hadith upto 300 characters. Great answers start with great insights. Ibn Majah and Imam Ahmad, Hadith number 1880; also in Salih al-Jaami’, hadeeth number 7556.) (Ibid, Vol. But Abu Hafs al-Hanafi responded to this hadith by stating: Firstly, Yahya ibn Ma'iyn weakened this hadith. “If they dispute, then the sultan (man in authority) is the wali of those who have no wali.” [Dawud 2078, Narrated ‘Aisha , also related by Tirmidhi and others. The Prophet (peace and blessings be upon him) taught us in many hadith about the various characteristics which one looks for in a spouse and their relative importance and which ones determine success insha'Allah and Allah's blessing on a marriage. So, I think it is not wrong to write some hadiths relating to marriage. Aishah married off her niece. وقد أضافه إليها 2, 322) Evidences of the Hanafi Madhab. The hadith’s referenced below shed more light on the matter. 3, p. 117), Thus, if a woman has a wilayah over herself, this means that she is capable of enacting her marriage independently without her wali (male guardian). This saying from our sixth Imam (as) shows the importance that the rightful successors of the Prophet … If there is a dispute, the sultan (man in authority) is the guardian of one who has none. Are you sure you want to delete this message? (Muslim 16:78). Hanafis also used this verse as evidence for a woman marrying herself to the Prophet (saw) without having her wali with her. She said: "Sit here until the Prophet comes." 2, 322) She said: "O Messenger of Allah, I accept what my father did, but I wanted women to know that their fathers have no right to do that." Whoever says women cannot enact (marriage contract), he rejects the Qur'anic precept. Whilst majority of scholars maintain wilayah in marriage is a rukn (pillar) of marriage and a condition for its validity, Hanafis argued wilayah is not a condition for the validity of marriage, but it is a condition for the completion (shart kamal) of marriage. How does a husband take back a wife (raj'ah) after undertaking a revocable divorce (talaq)? We are on a mission to dispel myths and stereotypes by crowdsourcing the best content on Islam, its civilization and its people. Imam Shafi also holds the same opinion. The words walayah and wilayah are different. وَلَيْسَ أَحَدٌ مِنْ أَوْلِيَائِي شَاهِدٌ ‏.‏ فَأَتَى رَسُولَ اللَّهِ صلى الله عليه وسلم فَذَكَرَ ذَلِكَ لَهُ فَقَالَ ‏ "‏ ارْجِعْ إِلَيْهَا فَقُلْ لَهَا أَمَّا قَوْلُكِ أَنْ لَيْسَ أَحَدٌ مِنْ أَوْلِيَائِي شَاهِدٌ فَلَيْسَ أَحَدٌ مِنْ أَوْلِيَائِكِ شَاهِدٌ وَلاَ غَائِبٌ يَكْرَهُ ذَلِكَ‏"‏ ‏.‏ فَقَالَتْ لاِبْنِهَا يَا عُمَرُ قُمْ فَزَوِّجْ رَسُولَ اللَّهِ صلى الله عليه وسلم فَزَوَّجَهُ To understand what a successful marriage is, and the key issues and challenges facing marriage, Shaykh Faraz looks at 40 hadiths of the words and example of the Prophet Muhammad (peace be upon him). Al-Tirmidhi Hadith 3137 Narrated by Abu Hurayrah Allah's Messenger (saws) said, "A woman may not give a woman in marriage, nor may she give herself in marriage, for the immoral woman is the one who gives herself in marriage." It is a condition precedent for the validity of the marriage. He sent word to her father, calling him, and he left the matter up to her. The rules are different for a mature woman who marries a man who is of a lower social status than her family. If there is a dispute, the sultan (man in authority) is the guardian of one who has none. (Musili, Al-Ikhtiar, Vol. 5, p. 12). (Bada'i al-Sana'i, Vol. They also made an analogy between her capability of contracting her marriage to her capability of safeguarding her rights. Accept. Introduction This is based on the usuli maxim: "لا ينكر تغير الأحكام بتغير الزمان والحال والمكان - the change of the rulings according to the change of time, status and place is not denied." (Al-Tajrid, Vol. Wali is one of the requisites of marriage, the majority of jurists hold the opinion that the marriage of a woman without her wali is invalid and void. This paper discusses the view of Hanafi school regarding the legality of marriage contract without guardian. (Shawkani, Fath al-Qadir, Vol. (Tirmidhi 12:38). Hanafis presented a linguistic argument here, they said that the word "الْأَيِّمُ" is used to refer to any single unmarried women, whether she married before or not. It has been reported that Aishah married off her niece, Hafsah the daughter of Abdul Rahman ibn Al-Mundhir ibn Al-Zubir , while he was absent. However, it seems the role of the wali disappears after she is married. Qaduri, Al-Tajrid Thirdly, this hadith is reported on the authority of Aisha who did not adhere to this statement as mentioned above i.e. But Abu Hafs al-Hanafi responded to this hadith by stating: Karkhi also chose it and said: aiyam woman is the (female) equivalent to azab (single male). But if she did not receive the same amount that is usually given to similar brides, the marriage contract is valid but is not binding and the wali then has the authority to demand the remaining amount of the dowry from the husband. (Al-Mabsut, Vol. The Prophet (saw), ‘Listen! Hanafis presented a linguistic argument here, they said that the word "الْأَيِّمُ" is used to refer to any single unmarried women, whether she married before or not. عنْ عَائِشَةَ، قَالَتْ قَالَ رَسُولُ اللَّهِ صلى الله عليه وسلم ‏"‏ أَيُّمَا امْرَأَةٍ نَكَحَتْ بِغَيْرِ إِذْنِ مَوَالِيهَا فَنِكَاحُهَا بَاطِلٌ‏"‏.‏ ثَلاَثَ مَرَّاتٍ ‏"‏ فَإِنْ دَخَلَ بِهَا فَالْمَهْرُ لَهَا بِمَا أَصَابَ مِنْهَا فَإِنْ تَشَاجَرُوا فَالسُّلْطَانُ وَلِيُّ مَنْ لاَ وَلِيَّ لَهُ Of the four Sunni school of Jurisprudence, only Hanafî school of thought that gives room for the possibility of contracting marriage without guardian. Then there is no blame upon you for what they do with themselves in an acceptable manner. Thirdly, this hadith is reported on the authority of Aisha who did not adhere to this statement as mentioned above i.e. 4. The hadiths about marriage are the target of everyone who wants to get married, or for religious leaders who often become advisors when the consent is granted. (Qaduri, Al-Tajrid, Vol. He stopped there and began to talk with him. 3 p. 90), The Prophet (saw), ‘Listen! (Bukhari 90:16). The Prophet (saw) said, ‘Oh Ali! Can’t Buy Love: Materialism Kills Marriages – Islam gives The Remedy ! Never delay in 3 matters: Salaat – when its time is nigh; Janaaza – when it is ready, an unmarried woman – when her Kufu’ (suitable partner) is found.’ (Tirmidhi) Sarakhsi argued: وَالْمَعْنَى فِيهِ أَنَّهَا تَصَرَّفَتْ فِي خَالِصِ حَقِّهَا وَلَمْ تُلْحِقْ الضَّرَرَ بِغَيْرِهَا فَيَنْعَقِدُ تَصَرُّفُهَا كَمَا لَوْ تَصَرَّفَتْ فِي مَالِهَا It signifies that she directed her rights and did no harm others, thus her contract is valid as she directs her own money. But Abu Hafs al-Hanafi responded to this hadith by stating: Firstly, Yahya ibn Ma'iyn weakened this hadith. By registering, you agree to our terms of service and privacy policy. Kasani stated: Also, when she said: "وَلَكِنْ أَرَدْتُ أَنْ تَعْلَمَ النِّسَاءُ أَنْ لَيْسَ إِلَى الآبَاءِ مِنَ الأَمْرِ شَىْءٌ - but I wanted women to know that their fathers have no right to do that", the Prophet (saw) approved what she said regarding the wali authority on the marriage contract and did not object. If he entered into her, then the Mahr is for her in lieu of what he enjoyed from her private part. (Darrul Mukhtaar Vol. Thus, this hadith is also controversial and cannot stand as solid evidence. It has been reported that Umar ibn al-Khattab, Ali ibn Talib and Abdullah ibn Umar viewed marriage as permissible without the interference of a wali guardian. Thus, the marriage was invalid. Majority of scholars argue this hadith clearly indicates a marriage contracted without the permission of a wali is null and void. Fourthly, Qaduri also stated: If there is cohabitation, she gets her dower for the intercourse her husband has had. Do you wish to offer Allâh a manifest proof against yourselves?” [The Noble Qur’an 4:144], “And those who disbelieve are allies to one another…” [The Noble Qur’an 8:73]. Aishah (ra) narrated: A girl came to her and said: "My father married me to his brother's son so that he might raise his own status thereby, and I was unwilling." References, Abu Hafs al-Hanafi, Al-Ghurah al-Manfiyah Ibn Fares, Hilyat al-Fuqaha Ibn al-Hummam, Fath al-Qadir Ibn Qudamah, AL-Mughni Merghanani, Al-Hidayah Mula Kisru, Durrar al-Hukam fi Sharh Ghurrar al-Ahkam Musuli, Al-Ikhtiar Qaduri, Al-Tajrid Sarakhsi, Al-Mabsut Shaybani, al-Asl Shawkani, Nayl al-Awtar Zayla'i, Al-Bahr al-Ra'iq. Why does the Hanafi school not require the Wali Amr for a valid marriage (Aqd Nikah)? If the Imam conducts the marriage, he would be the Wali. وَالْمَعْنَى فِيهِ أَنَّهَا تَصَرَّفَتْ فِي خَالِصِ حَقِّهَا وَلَمْ تُلْحِقْ الضَّرَرَ بِغَيْرِهَا فَيَنْعَقِدُ تَصَرُّفُهَا كَمَا لَوْ تَصَرَّفَتْ فِي مَالِهَا (Al-Mabsut, Vol. (Musili, Al-Ikhtiar, Vol. وَامْرَأَةً مُّؤْمِنَةً إِن وَهَبَتْ نَفْسَهَا لِلنَّبِيِّ Then she was proposed to by Umar and she refused. Islamic law established the principles of guardianship on the basis of compassion, support, and assistance to women. The PDF of the hadiths covered […] (Al-Mabsut, Vol. By virtue of Hadith, Aishah reported that the Messenger of Allah (PBUH) said: ... the distance between the residence of the women’s wali and the place of marriage, which was Padang Besar, Thailad, was less than two marhalah. (Tabieen al-Haqa'iq & Hashat al-Shalabi, Vol. Dowry given to similar brides He sent word to her father, calling him, and he left the matter up to her. Also, the hadith reported by Um Salamah (ra) when the Messenger of Allah (saw) sent Umar bin Al-Khattab (ra) with a proposal of marriage, she said: وَلَيْسَ أَحَدٌ مِنْ أَوْلِيَائِي شَاهِدٌ ‏.‏ فَأَتَى رَسُولَ اللَّهِ صلى الله عليه وسلم فَذَكَرَ ذَلِكَ لَهُ فَقَالَ ‏ "‏ ارْجِعْ إِلَيْهَا فَقُلْ لَهَا أَمَّا قَوْلُكِ أَنْ لَيْسَ أَحَدٌ مِنْ أَوْلِيَائِي شَاهِدٌ فَلَيْسَ أَحَدٌ مِنْ أَوْلِيَائِكِ شَاهِدٌ وَلاَ غَائِبٌ يَكْرَهُ ذَلِكَ‏"‏ ‏.‏ فَقَالَتْ لاِبْنِهَا يَا عُمَرُ قُمْ فَزَوِّجْ رَسُولَ اللَّهِ صلى الله عليه وسلم فَزَوَّجَهُ ... and none of my guardians are present." If the woman does not have a male mahram relative, the Imam closest to her locality, of the same faith as her, becomes her wali. لَوْ زَوَّجَتْ نَفْسَهَا مِنْ غَيْرِ كُفْءٍ مِنْ غَيْرِ رِضَا الْأَوْلِيَاءِ لَا يَلْزَمُ. Secondly, If we accept the hadith as sahih, it should be particular to the female slave, immature, sane woman and not including the free, mature and sane woman. Sarkhasi stated, (Al-Mabsut, Vol. There is no difference between a virgin or widow. She independently safeguards her rights and this is analogous to our issue. In a hadith, the Messenger PBUH said: Wilayah means authority, and is related with wali (والي). This is the sound (usage) according to the linguists. 5, p. 12) Hopefully the writings on the hadith of the Nikah are useful and can be memorized by those who need them. 3, p. 90) This means that woman possesses the capacity to individually concluding (the marriage contract). He went to the Messenger of Allah and told him that. “The believers, men and women, are awilyaa’a (allies and protectors) of one another.”  [The Noble Qur’an 9:71], “…And never will Allâh grant to the disbelievers a way (to triumph) over the believers. وَهِيَ مِنْ أَهْلِ اسْتِيفَاءِ حُقُوقِ نَفْسِهَا فَإِنَّمَا اسْتَوْفَتْ بِالْمُبَاشَرَةِ حَقَّهَا .. فَكَذَلِكَ هُنَا Thus, this hadith is also controversial and cannot stand as solid evidence. This led the Hanafi jurist and traditionist, Zayla'i, to say: وَقَدْ رَوَوْا فِي كُتُبِهِمْ أَحَادِيثَ كَثِيرَةً لَيْسَ لَهَا صِحَّةٌ عِنْدَ أَهْلِ النَّقْلِ حَتَّى قَالَ الْبُخَارِيُّ وَابْنُ مَعِينٍ: لَمْ يَصِحَّ فِي هَذَا الْبَابِ حَدِيثٌ يَعْنِي عَلَى اشْتِرَاطِ الْوَلِيِّ They reported in their books various hadiths which are not sahih according to the traditionists. Thus, this hadith signifies a particularization to a general ruling. Even if the free, sane mature woman marries herself off, this marriage is valid (Al-Ikhtiar, Vol. (Zayla'i, Al-Bahr al-Ra'iq, Vol. [The Noble Qur’an 4:141] Karkhi also chose it and said: aiyam woman is the (female) equivalent to azab (single male). Shams al-A'imma al- Sarakhsi stated: This hadith is controversial. ( Al-Mabsut, Vol. The wali is the represention/mediator/guardian for women seeking marriage. 2, p. 317) Zayla'i, Al-Bahr al-Ra'iq. Required fields are marked *. 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Alim for Windows release 4.51, Biography of Umm Salamah her wali as solid evidence authority ) is guardian.

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