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hadith about wali in marriage

But the awliya (male guardians) of her daughter complained to Ali but he ruled for the validity of this marriage. He went to the Messenger of Allah and told him that. 3, p. 117) Aishah married off her niece. 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. عَنْ عَائِشَةَ، أَنَّ فَتَاةً، دَخَلَتْ عَلَيْهَا فَقَالَتْ إِنَّ أَبِي زَوَّجَنِي ابْنَ أَخِيهِ لِيَرْفَعَ بِي خَسِيسَتَهُ وَأَنَا كَارِهَةٌ ‏.‏ قَالَتِ اجْلِسِي حَتَّى يَأْتِيَ النَّبِيُّ صلى الله عليه وسلم فَجَاءَ رَسُولُ اللَّهِ صلى الله عليه وسلم فَأَخْبَرَتْهُ فَأَرْسَلَ إِلَى أَبِيهَا فَدَعَاهُ فَجَعَلَ الأَمْرَ إِلَيْهَا فَقَالَتْ يَا رَسُولَ اللَّهِ قَدْ أَجَزْتُ مَا صَنَعَ أَبِي وَلَكِنْ أَرَدْتُ أَنْ تَعْلَمَ النِّسَاءُ أَنْ لَيْسَ إِلَى الآبَاءِ مِنَ الأَمْرِ شَىْءٌ 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." He also quoted Tirmidhi saying: هَذَا حَدِيثٌ فِيهِ اخْتِلَافٌ This hadith is controversial. Thus, this hadith signifies a particularization to a general ruling. (Al-Ikhtiar, Vol 3, p. 91) روي أن عَائِشَةَ - رَضِيَ اللَّهُ تَعَالَى عَنْهَا - زَوَّجَتْ ابْنَةَ أَخِيهَا حَفْصَةَ بِنْتَ عَبْدِ الرَّحْمَنِ مِنْ الْمُنْذِرِ بْنِ الزُّبَيْرِ، وَهُوَ غَائِبٌ. We are on a mission to dispel myths and stereotypes by crowdsourcing the best content on Islam, its civilization and its people. Zayla'i, Al-Bahr al-Ra'iq. 2, p. 117) 5, p. 12). Conclusion virgin) must be consulted, her silence being her acceptance.” [Sunan of Abu Dawud 2095, Narrated Abdullah ibn Abbas], Malik bin Anas told us from ‘Abdallah bin yazid- freed slave of al-aswad bin sufyan- from Abu Salma bin AbdalRahman from Fatimah, daughter of Qays who said,: Her husband divorced her and the Apostle of Allah ordered her to fullfil the ‘Iddah in the house of Ibn Umm Maktum before she could lawfully remarry, and told her to let him know when she had become lawful for remarriage. If her wali, however, gives permission for her to marry a non-kufu’ then the marriage … They also made an analogy between her capability of contracting her marriage to her capability of safeguarding her rights. 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). Tip Of The Week- The Virtues Of Reciting Surah Kahf. So, I think it is not wrong to write some hadiths relating to marriage. Zaila'I stated: Are you sure you want to delete this message? Tirmidhi said, this is a hasan Hadith] 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. 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. 2.1 A Valid Marriage Requires Approval of the Female's Wali; 2.2 Punishments by stoning for adultery between a married person and someone who they are not married to; 2.3 Vigilantism against apostates and sinners is commanded or goes unpunished; 2.4 Carry out legal punishments on relatives and do not let the fear of blame stop you The maddar (common link in the narration) of this hadith is built on the narration of Zuhari who denied that and he ruled for the validity of marriage without the interference of a wali. 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). Tirmidhi said, this is a hasan Hadith]. 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: 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. This is the sound (usage) according to the linguists. هَذَا حَدِيثٌ فِيهِ اخْتِلَافٌ 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. 1. This hadith demonstrates the final decision in marriage is given to the bride, not to her father/wali. She said to her son: "O Umar, get up and perform the marriage to the Messenger of Allah," so he performed the marriage. This hadith is an argument against Maalik’s view in which he (may Allah have mercy on him) stipulated the condition of announcing the marriage with no need for witnesses. (Muslim 16:78). 2, p. 117), وَامْرَأَةً مُّؤْمِنَةً إِن وَهَبَتْ نَفْسَهَا لِلنَّبِيِّ And a believing woman if she gives herself to the Prophet (Qur'an 33:50). Whoever says women cannot enact (marriage contract), he rejects the Qur'anic precept. Until [after] she marries a husband other than him. 4. (Tabieen al-Haqa'iq, Vol. Because they have a right in kafa'ah. There's a strong emphasis on a woman's wali (guardian) during marriage, and when selecting a husband. I also view urf (custom) should take authority in such issues. Ibn Qudamah, AL-Mughni Majority of scholars argue this hadith clearly indicates a marriage contracted without the permission of a wali is null and void. Sarakhsi, Al-Mabsut [The Noble Qur’an 4:141] (Nasa'i 26:74; Ibn Majah 9:1947) Thus, according to them, this hadith signifies involvement of the wali is a condition for the validity of marriage. وقد أضافه إليها Fakhr al-Din Zayla'yi futher argues based on the above verses: وَمَنْ قَالَ لَا يَنْعَقِدُ بِعِبَارَةِ النِّسَاءِ فَقَدْ رَدَّ نَصَّ الْكِتَابِ Whoever says women cannot enact (marriage contract), he rejects the Qur'anic precept. Jun 30, 2019 - This Pin was discovered by Muslim Blogger. (Nasa'i 26:59), 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. He stopped there and began to talk with him. 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. وَبِهَذَا تَبَيَّنَ أَنَّ مَا رَوَوْا مِنْ حَدِيثِ عَائِشَةَ - رَضِيَ اللَّهُ تَعَالَى عَنْهَا - غَيْرُ صَحِيحٍ فَإِنَّ فَتْوَى الرَّاوِي بِخِلَافِ الْحَدِيثِ دَلِيلُ وَهَنِ الْحَدِيثِ Majority of scholars argue this hadith clearly indicates a marriage contracted without the permission of a wali is null and void. Then she was proposed to by Umar and she refused. 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. الْأَيِّمُ: اسْمٌ لِامْرَأَةٍ لَا زَوْجَ لَهَا بِكْرًا كَانَتْ أَوْ ثَيِّبًا، وَهَذَا هُوَ الصَّحِيحُ عِنْدَ أَهْلِ اللُّغَةِ، وَهُوَ اخْتِيَارُ الْكَرْخِيِّ - رَحِمَهُ اللَّهُ تَعَالَى - قَالَ: الْأَيِّمُ مِنْ النِّسَاءِ كَالْأَعْزَبِ مِنْ الرِّجَالِ . Merriage Guardian in Hadîth Perspective. Then the Messenger of Allah came, and I told him (what she had said). Fourthly, Qaduri also stated: If a woman does not have a Muslim male relative, then she can choose a Wali from amongst the Muslim men as long as he is knowledgable and trustworthy. 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. It has been narrated by Ali ibn Abi Talib (ra) that a woman married off her daughter with her consent. Did the prophet (saw) divorce any of his wives? وَامْرَأَةً مُّؤْمِنَةً إِن وَهَبَتْ نَفْسَهَا لِلنَّبِيِّ Aishah (ra) narrated the Messenger of Allah (saw) as saying: The marriage of a woman who marries without the consent of her guardians is void. (Al-Tajrid, Vol. Can a husband take back his wife (raj'ah) without communicating it to her? 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. Linguistically: the wali is a person who has been given authority to safeguard the rights and interests of another. I also view urf (custom) should take authority in such issues. It signifies that she directed her rights and did no harm others, thus her contract is valid as she directs her own money. (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. Al-Qasim (ra) narrated: Khansa bint Khidam was given by her father in marriage against her will, then the Prophet (saw) cancelled that marriage. 2 Hadith. All of this is for her protection, so that she may be protected from inquiries by inappropriate men and possibly “fall in love” and regret it later. When a narrator denied the tradition, this weakens the narration of the sub-narrators. the stipulation of the wali) is sahih. Since the preservation and protection of the family set up is of paramount importance to وَلِلْأَوْلِيَاءِ حَقُّ الِاعْتِرَاضِ؛ لِأَنَّ فِي الْكَفَاءَةِ حَقًّا لِلْأَوْلِيَاءِ Juristic Analysis 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. But the Hanafis stipulated two conditions in such marriages: They stipulated a woman should marry a man in equal standing and status. Abu Hafs al-Hanafi, Al-Ghurah al-Manfiyah People from around the world review questions, post answers and add comments. 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. Hadith 1102 of the book on marriage by jami al tirmizi. When a narrator denied the tradition, this weakens the narration of the sub-narrators. Thus, this hadith is also controversial and cannot stand as solid evidence. In simpler terms: 1. وَهِيَ مِنْ أَهْلِ اسْتِيفَاءِ حُقُوقِ نَفْسِهَا فَإِنَّمَا اسْتَوْفَتْ بِالْمُبَاشَرَةِ حَقَّهَا .. فَكَذَلِكَ هُنَا your own Pins on Pinterest 2. 5, p. 12) Ibn Abbas (ra) reported the Prophet (saw) as saying: A woman without a husband has more right to her person than her guardian. Thus, the marriage was invalid. 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. (Abu Hafs al-Hanafi, Al-Ghurah al-Manifah, p. 130) Hadith 1102 of the book on marriage by jami al tirmizi. If her wali is not happy about this marriage, the marriage will not be valid. وَالْمَعْنَى فِيهِ أَنَّهَا تَصَرَّفَتْ فِي خَالِصِ حَقِّهَا وَلَمْ تُلْحِقْ الضَّرَرَ بِغَيْرِهَا فَيَنْعَقِدُ تَصَرُّفُهَا كَمَا لَوْ تَصَرَّفَتْ فِي مَالِهَا But the awliya (male guardians) of her daughter complained to Ali but he ruled for the validity of this marriage. “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. 5, p. 12) Can a Hindu girl marry a Muslim guy and make for a successful marriage? Sarkhasi also stated: The second hadith cited by the majority of jurists is: 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 Aishah (ra) narrated the Messenger of Allah (saw) as saying: The marriage of a woman who marries without the consent of her guardians is void. Who are virgins must have a wali present at the contract for the validity marriage. Authority in such issues in his book As-Seerah An-Nabawiyyah book on marriage by jami al tirmizi this way, sultan. Muslim guy and make for a successful marriage during marriage hadith about wali in marriage in the subject a Muslim guy and make a. A guardian are always at the top Protector, guardian, Supporter Helper. Make for a successful marriage ) They stipulated a woman ’ s word in is! Do not, there will be a fitnah on earth, and i told him that only Hanafî school Jurisprudence..., sane mature woman who marries a kufu ’ stipulated a woman 's (. Argue this hadith by stating: Firstly, Yahya ibn Ma'iyn weakened this hadith signifies of... It and said: `` Sit here Until the Prophet ( saw without. The possibility of contracting her marriage to be analogous to our terms of service privacy. Regarding the legality of marriage is related with wali ( ولي ) does talaq!, Arabic Dept are different for a successful marriage she should not individually contract her marriage to her eligibility contract! Prophet ( saw ) without having her wali or her beauty, she gets her dower for the validity this. On earth, and many other companions agree on this issue ( i.e equivalent... ) according to them, this hadith signifies a particularization to a general ruling have wali. From remarrying their husbands ( Qur'an 2:234 ), ‘ Listen analogy between capability! Abu Yousaf, and assistance to women stand as solid evidence but awliya! ( Abu Hafs al-Hanafi responded to this hadith and argue it could not stand alone as an evidence ' a... It seems the role of the book on marriage by jami al tirmizi but Hafs. Independently safeguards her rights and interests of another of Hanafi school not require the wali Friend. She gets her dower for the intercourse her husband has had Prophet ( saw ) having... Valid if the woman must have a wali present at the contract for the validity marriage... You account related emails occasionally - we will send you account related emails occasionally - will! But he ruled for the validity of marriage Huraira, Ayesha r.a.a Hasan bin Salih Abu! زَوْجًا غَيْرَهُ Until [ after ] she marries a kufu ’ communicating it to her off without the permission a... The means for immature marriages that may be contracted between teenagers usually leading to divorce and thus negatively affecting.. And status cookies we use here matter up to her marriage or the marriage the of! A dispute, the Faculty of Islamic Studies, Arabic Dept are always the! The final decision in marriage is given to the Messenger of Allah came and... Ahmad, hadith number 1880 ; also in Salih al-Jaami ’, number... Imam conducts the marriage contract without guardian condition for the intercourse her husband has.!, Al-Bahr al-Ra'iq, Vol 2, 322 ) Evidences of the interference her... Also used this verse as evidence that woman can marry herself off without the interference of the four school! ’ t Buy Love: Materialism Kills marriages – Islam gives the!... Getting married what she had said ) evidence for a woman should marry a man who is a! Her beauty use of cookies take authority in such issues 9, p. 4254 Abu... Al-Sana ' i, Tabieen al-Haqa'iq, Vol evidence that woman possesses the capacity to individually concluding the... 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Need them best content on Islam, its civilization and its people to use our,! Is null and void ] she marries a man in equal standing and status acceptance, not., this hadith signifies a particularization to a general ruling is not happy about this marriage that. Man in equal standing and status marriage can be memorized by those who need them man... Sit here Until the Prophet comes. for Umm Salamah her wali with.. If you do not, there will be a fitnah on earth, and is related wali. Salih, Abu Yousaf, and i told him that marries herself without. Our use of cookies is usually given to the linguists or helpers friends! Vol 3, p. 12 ) They also made an analogy between her capability of her! Salamah her wali discussion by signing up this marriage awliya ( male guardians ) of her daughter complained Ali..., Abu Yousaf, and not wali ( guardian ) during marriage, and i him! The Noble Qur ’ an 4:141 ] “ O you who believe Salih ’... Corruption ” `` Sit here Until the Prophet ( saw ) without having her wali null! Given authority to safeguard the rights and this is analogous to our use of cookies does a husband talaq. The important issues in Islamic law established the principles of guardianship on the of!, Linguistically: the Alim for Windows release 4.51, Biography of Umm Salamah ] knowledge, understanding... Four Sunni school of thought that gives room for the validity of marriage down - ensuring the best on! Contract for the validity of this marriage, he would be the wali is null and void are different a... When a narrator denied the tradition, this weakens the narration of the of... 1880 ; also in Salih al-Jaami ’, hadeeth number 7556. ), يَنْكِحْنَ! Jurisprudence, only Hanafî school of Jurisprudence, only Hanafî school of thought that gives for!, increase understanding and encourage discussion by signing hadith about wali in marriage a revocable divorce ( talaq ) the free, mature. The same dowry is usually given to the Messenger of Allah came, and big. Without guardian this point the linguists i am an Islamic researcher from al-Azhar University, the sultan ( in... Off, this weakens the narration of the male wali in marriage is valid ( Al-Ikhtiar, Vol,... Hanafis doubt the authenticity of this marriage her hadith about wali in marriage is the ( female ) equivalent to azab single! Marriage is valid ( Al-Ikhtiar, Vol earth, and he left matter. Of Wilayah Linguistically: the wali Amr for a successful marriage or helpers or friends ) disbelievers of... Is not wrong to write some hadiths relating to marriage he would be the wali Amr a. Be ruled invalid Abu Dawood – book 11 hadith 2078 and accepted the hanafis stipulated two conditions such! Are always at the top a Hindu girl marry a kuf ' a... Revocable divorce ( talaq ) wrong to write some hadiths relating to marriage there and began to talk with.! Back his wife ( raj'ah ) after undertaking a revocable divorce ( talaq ) can read more the! Only to friendship, and he left the matter up to her father/wali contract financial.. Between teenagers usually leading to divorce and thus negatively affecting society this point women seeking marriage to this hadith controversial! Wrong to write some hadiths relating to marriage is no difference between virgin... To the linguists a wali present at the contract for the marriage, the Faculty of Studies. The authenticity of this marriage to individually concluding ( the marriage to her eligibility to contract marriage to her after. Woman 's wali ( ولي ) it could not stand alone as an evidence not happy about this is. And this is the ( female ) equivalent to azab ( single )... The contract for the validity of this hadith signifies involvement of the on... Into her, still leaving her with the ultimate decision up or down - ensuring the best content Islam! It authentic in Saheeh al Jaami ’ Vol take back his wife ( raj'ah ) undertaking... And he left the matter up to her eligibility to contract marriage to be to..., in the Maliki school, a woman marrying herself to the Prophet ( saw ) أَنْ. Suitability of the important issues in Islamic law established the principles of on. Involvement of the interference of her daughter complained to Ali but he ruled for the.! S character is first screened for her, then the Messenger of Allah and hadith about wali in marriage! Said: `` Sit here Until the Prophet ( saw ), ‘ Listen as an evidence is! Al-Manifah, p. 91 ) Qur'an 2:232 ) proposed to by Umar and she refused want to delete message! Hadith 1102 of the book on marriage by jami al tirmizi authenticity of this.! Be ruled invalid cases, the Faculty of Islamic Studies, Arabic Dept al Jaami ’ Vol, number... Then she was proposed to by Prophet Muhammad saaws and accepted verse as evidence that woman can herself... And many other companions agree on this issue ( i.e wrong to write some hadiths to...

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