Marrying Without A Wali (Guardian)

Answered by Shaykh Omar Subedar

Question:

As Salaamu `Alaikum,

I would like to understand how according Hanafi fiqh a woman is allowed to get married to whoever she likes without the permission, consent or presence of her wali (guardian) when the Prophet صلى الله عليه وسلم has stated in a hadëth, “Whichever woman gets married without the permission of her wali, her marriage is invalid, her marriage is invalid, her marriage is invalid...” (Tirmidhë: 1102)

Please explain. Jazäk ‘Alläh

Answer:

بِسْمِ اللَّـهِ الرَّحْمَـٰنِ الرَّحِيمِ

According to Imam Abu Hanëfa it is recommended for a mature (bäligh), sane, Muslim woman, irrespective of whether she is a virgin or not, to attain the permission of her wali to marry a man of her choosing. It is not a requirement though. This view is in light of the following verses of the Qur’an and hadëth;

1. “...and a believing woman if she gives herself [in marriage] to the Prophet [and] if the Prophet wishes to marry her...” (Al-Ahzäb 33: 50)
2. “And if he has divorced her [for the third time], then she is not lawful to him afterward until [after] she marries a husband other than him. And if the latter husband divorces her [or dies], there is no blame upon the woman and her former husband for returning to each other [in marriage] if they think that they can keep [within] the limits of Allah....” (Al-Baqarah 2: 230)
3. “And when you divorce women and they have fulfilled their term, do not prevent them from remarrying their [former] husbands if they agree among themselves on an acceptable basis.” (Al-Baqarah 2: 232)

These verses clearly shows that a woman is at complete liberty to marry herself off to whom so ever she likes without any involvement of her wali.

• Ibn `Abbäs رضى الله عنهما reported, “The Prophet صلى الله عليه وسلم said, ‘An unmarried woman is more entitled to herself than her wali...’” (Muslim: 3476)

Since it is socially perceived to be somewhat undignified for women to approach men for marriage, the sharë’a has recommended that their wali take charge of their affair and find a suitable spouse for them. Hence the Prophet صلى الله عليه وسلم has expressed words of the nature that have been cited in your question in order to protect women from having their reputation tarnished in any shape or form.

And Allah Knows Best