Question asked can a woman marry without the knowledge of her wali (Guardian)
Alhamdulillah, it is not permissible for a woman to marry without knowledge of her guardian
As reported in hadith,
Aishah narrated that:
The Messenger of Allah said: "Whichever woman married without the permission of her Wali her marriage is invalid, her marriageis invalid, her marriage is invalid. If he entered into her, then the Mahr is for her in lieu of what he enjoyed from her private part. If they disagree, then the Sultan is the Wali for one who has no Wali.".
Jami` at-Tirmidhi 1102.
So if a man marries a woman and she has no wali, the sultan or judge becomes her wali.
And whatever takes between them like intercourse, she is not to pay the mahr price but the marriage should be annul unless there is a wali of the woman.
The reason wali is needed is because women are weak and so when any matter arises in the marriage, the wali can stand for them as a protector.
Allah says,
An-Nisa' 4:25
And whoever among you cannot [find] the means to marry free, believing women, then [he may marry] from those whom your right hands possess of believing slave girls. And Allāh is most knowing about your faith. You [believers] are of one another. So marry them with the permission of their people and give them their due compensation [i.e., mahr] according to what is acceptable. [They should be] chaste, neither [of] those who commit unlawful intercourse randomly nor those who take [secret] lovers. But once they are sheltered in marriage, if they should commit adultery, then for them is half the punishment for free [unmarried] women. This [allowance] is for him among you who fears affliction [i.e., sin], but to be patient is better for you. And Allāh is Forgiving and Merciful.
So Allah says to marry them with the permission of their people(wali)
Comments
Post a Comment