Can a Woman Marry without Her Guardian’s Consent? – Shaykh Dr. Muhammad Abu Bakr Badhib

Is it permissible for a woman to marry without her guardian’s consent?

In the name of Allah, and all praise is due to Allah, and blessings and peace be upon our master Muhammad, the Messenger of Allah, his family, his companions, and those who follow him.

Islam has safeguarded chastity and prevented the mixing of lineages and everything that could tarnish the sanctity of that great bond Allah established between a man and a woman. The Prophet (Allah bless him and give him peace) said,

“Any woman who gets married without the consent of her guardian, her marriage is invalid,” three times. “If he has entered into her, then she is entitled to the dowry for what he has made lawful of her private part. If they dispute, then the ruler is the guardian of he who has no guardian.” [Tirmidhi; Hakim; Ahmad; Darimi]

Imam al-Ruyani al-Shafi‘i said, “This is a text that invalidates marriage without a guardian, without specification or distinction”[Ruyani, Bahr al-Madhab]

Imam al-Husni in “Kifayat al-Akhyar” said, “The guardian is one of the pillars of marriage, so it is not valid without a guardian, due to the verse: {Do not (let the guardians) prevent them from re-marrying their ex-husbands.} [Quran, 2:232], revealed concerning Ma‘qil ibn Yasar, when he swore not to marry his sister to her divorcee. If a woman could contract her marriage, she would not have been forbidden from such prevention.”

And the Prophet (Allah bless him and give him peace) said,

“There is no marriage except with a guardian and two just witnesses, and whatever marriage is not like that, then it is invalid.” [Ibn Hibban]

As narrated by Abu Huraira (Allah be pleased with him), the Prophet (Allah bless him and give him peace) said,

“A woman does not marry off another woman, and she does not marry herself off.” [Ibn maja]

“We used to say the one who marries herself off is a fornicator.” [Daraqutni; Bayhaqi, al-Sunan al-Kabir]

‘Aisha (Allah be pleased with her) reported that the Prophet (Allah bless him and give him peace) said,

“Any woman who gets married without the consent of her guardian, her marriage is invalid,” three times [Tirmidhi; Hakim; Ahmad; Darami], and Ibn Ma‘in said, “It is the most authentic thing in the matter.” [Husni, Kifayat al-Akhyar]

Therefore, it is clear from the Islamic evidences and the words of the scholars we have cited, that the marriage of a woman without a guardian and witnesses is invalid and haram. Thus, the Muslim woman must be alert and aware of this significant matter and must not follow the strange calls advocating for liberation from religion and the shedding of the obligations of Shari‘a, for this poses a great danger, leading to the destruction of progeny and corruption on Earth. Allah does not love corruption.

We ask Allah to protect the honor of Muslim women and cover them, and to make the righteous men for righteous women, and Allah is the Giver of success and the Guide to the right path.

[Shaykh] Dr. Muhammad Abu Bakr Badhib