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The marriage of a woman who marries without the consent of her guardians (wali) is void.

Mu' meneen Brothers and Sisters,

As Salaam Aleikum wa Rahmatullahi wa Barakatuh. (May Allah's Peace, Mercy and Blessings be upon all of you)

 

One of our brothers/sisters has asked this question:

Salaam i didn't understand this hadith.

The Messenger of Allah (Blessings & peace be upon him) said:

'The marriage of a woman who marries without the consent of her guardians (wali) is void.' (He (saws) said these words three times.)

Sunan of Abu-Dawood Hadith 2078 Narrated byAisha, Ummul Mu`minin

 

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Answer:

 

Hadith marriage wali consent guardian

In the name of Allah, We praise Him, seek His help and ask for His forgiveness. Whoever Allah guides none can misguide, and whoever He allows to fall astray, none can guide them aright. We bear witness that there is none worthy of worship but Allah Alone, and we bear witness that Muhammad (saws) is His slave-servant and the seal of His Messengers.

 

Your Question: i didn't understand this hadith.

There are four absolutely obligatory conditions for a marriage or ‘nikaah’ to be deemed lawful in the Sight of Shariah and of Allah Subhanah:

  1. Proposal by one party and acceptance by the other.
  2. The determination of ‘mehr’ for the bride.
  3. The availability of at least two witnesses to the marriage contract.
  4. The consent of the parents/guardians (wali) of the bride.

 

If even one of the above four obligatory conditions of a ‘nikaah’ are not honored, the marriage will not be deemed lawful in the Sight of Shariah Law and of Allah Subhanah.

 

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 unlawful in Shariah Law for a woman to give herself in marriage, or to marry someone without the prior consent of her ‘wali’ (parents, guardians, etc.).

 

If a woman marries someone without the prior consent of her ‘wali’, or if any of the above listed four absolutely obligatory conditions on a ‘nikaah’ are violated….that marriage contract will be deemed null and void in the Sight of Allah Subhanah and in the Sight of Shariah Law.

 

Whatever written of Truth and benefit is only due to Allah’s Assistance and Guidance, and whatever of error is of me alone. Allah Alone Knows Best and He is the Only Source of Strength.

 

Your brother and well wisher in Islam,

 

 

Burhan

 


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