Assalam Walaikum Wa Rehmat Ulla Hi Wa Bara Katu Hu.
I am creating this topic due to some people they are misguiding, even in Karachi i don’t want to take name but even the Alimas (The Women Scholar) they run away from the Madaras for the Court marriage. So i would like to discuss this topic that without wali there is nomarriage and previously i was of the same view but when i came to about Tafasir and Sahih Hadith i repented from it.
Allah says in Surah Baqrah Chapter 2 Verse 221:
“Do not marry unbelieving women (idolaters), until they believe: A slave woman who believes is better than an unbelieving woman, even though she allures you. Nor marry (your girls) to unbelievers until they believe: A man slave who believes is better than an unbeliever, even though he allures you. Unbelievers do (but) beckon you to the Fire. But Allah beckons by His Grace to the Garden (of bliss) and forgiveness, and makes His Signs clear to mankind: That they may celebrate His praise.”
Point to be noted here,
Allah says Don’t marry to unbelieving women, means Allah is directing to men here.
And next to again men that Don’t marry your girls to don’t believing men.
So Allah firstly orders to Men that they shouldn’t marry mushriks and second again to men that they should not marry their girls to mushrik but to the believing men.
So from this Ayat one can pay heed and conclude that Allah has not given the girl permission to marry without wali.
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Proof From Tafasirs :
Imam Qurtubi (rah) on his Tafsir regarding the verse Surah Baqrah 221:
“That the part of this ayat “Nor marry (your girls) to unbelievers until they believe”
is the Proof, that without wali marriage is not valid”
Ibn e Al-Arbi (rah) a Maliki Scholar [ This is not the Sufi Ibn e Arbi ] Says :
“Regarding the Istedal of Muhammad Bin Ali (rah) on this, that this is the clear and correct proof for it (for the consent of wali)”
Shakwani (rah) says that Imam Ibn-e-Jarir (rah) has quoted Abu Jafar Muhammad Bin Ali (rah) stated that it is mentioned in the Book of Allah, that Nikah is only done with the consent of wali. Then he recited this verse “”Nor marry (your girls) to unbelievers until they believe” 2:221
[Tafsir Fath Ul Qadir 1/293]Shaikh Abdur Rehman Sadi in his Tafsir says :
“The Ayat of Allah swt that “”Nor marry (your girls) to unbelievers until they believe” 2:221 is the proof that Nikah can only be done with the consent of wali”
Tafsir Ibn-e-Kathir :
There is no marriage without wali :
http://www.theholybook.org/content/view/6601/4/
Imam Ibn e Jarir Tabari says about the Ayat 2:221 :
“From this Ayat it is clear about the opinion of those who say without wali’s Consent Nikah is Prohibited” [ 2/488 ]
Shaykh Ul Islam Ibn-e-Taimiyah were of the same view [ Majmoa Al Fatawa 32/132 ]
Ibn-e-Hazam (rah) :
“In This Ayat Allah has directed to the wali of Women, not to the Women itself”
[ Al-Mahali 9/421 ]
Proof From Classical Scholars and Companions :
Jamhur, Imam Malik, Imam Shafae, Imam Ahmad all were of the view that without wali Nikah is Batil Except Abu Hanifah.
Ibn-e-Munzir (rah) says “None of the Companions opposed this”
Ahl-e-Zahir “For a virgin the consent of wali is necessary and for widower not”
[ Fath Ul Bari 9/189, Bidayatal Mujtahid 3/20, Nail Ala Watar 4/195, Sabal Al Islam 3,1320, Al Ruziyatan Al Nidiyatan 2/30, Al-Mughni 9/240 ]Ibn-e-Qudaima (rah)
“without wali marriage cannot take place”
Shams Al-Haq Azeem Abadi (rah)
“The Haq is that without wali Nikah is batil”
[ Awan Al-Mabud 2/191 ]
Hadith of Ibn-e-Abbas R.A (The Muffasir of the Qur’an), in Tabrani Al-Wast of which Sanad has been declared Hasan it is mentioned in Fath Ul Bari :
“There is no marriage without the permission of wali and Sultan”
[ Fath Ul Bari, Kitab Ul Nikah, Baab Sultan wali ]
I Will Quote Ima-e-Deen, Muhaddiths and Companions who were of the view that without wali Nikah is Batil (Falsehood).
“Imam Shafae, Imam Malik, Imam Ahmad bin Hanbal, Saed bin Masib, Hasan Basri, Qazi Sharikh, Ibrahim Nakhai (Teacher of Abu Hanifah, two things can be concluded Abu Hanifah was not doing taqlid and his view was against Quran and Sunnah which is to thrown on the wall), Umar Bin Abdul Aziz, Sufyan Suri, Awzai, Abdullah Bin Mubarak, Ibn e Shabarma, Imam Ishaq, Ibn e Hazam, Ibn e Abi Laili, Imam Tabari, Abu Sur and Imam Bukhari (rah) and all of the Muhaddiths were of the same view and amongst Sahabas Hazrat Umar, Hazrat Ali, Hazrat Ibn e Abbas, Hazrat Abu Huraira, Hazrat Ibn e Omar, Hazrat Ibn e Masud and Hazrat Aisha (May Allah be pleased with them all).
[ Fiqh us Sunnah 2/113 ]Proof from Hadiths :
Hazrat Abu Musa R.A says the Prophet (s) said :
“There is no marriage without wali”
Muhammad pbuh said “There is no marriage except with a wali (guardian).”
Narrated by Abu Dawood (2085) and al-Tirmidhi (1101)
And the Prophet pbuh said: “Any woman who gets married without the permission of her guardian, her marriage is invalid, her marriageis invalid, her marriage is invalid.”
Narrated by al-Tirmidhi (1102),
Narrated AbuMusa: The Prophet (peace_be_upon_him) said: There is no marriage without the permission of a guardian
Abu Dawood Book 11, Number 2080
A Woman Cannot be a wali :
Hazrat Abu Huraira R.A narrates from Prophet (s) that ” No Women can be wali of any other women, and neither can she perform her own nikah. without Doubt that girl is Zaniya who performs her own nikah (without wali)”
[ Hidayatal Irwatan 3072, Sahih Ibn e Majah 1527, Ibn e Majah 1882, Daruqutni 3/227, Bahayqi 7/110 ]Accusations and It’s Answers :
1. The Hadith is Zaef due to Sanad,
The hadith is itself Mutawatir of There is no Nikah without wali, and every Muffasir and Jamhur did istedal from it. So to Say It Zaef is showing lack of knowledge.
Even Imam Bukhari (rah) made a Whole Chapter on this :
It is indicative of Imam al-Bukhaari’s deep understanding of issues of sharee’ah that he quoted these verses in a chapter which he entitled “Baab man qaala la nikaaha illa bi wali (Chapter on those who say that there is no marriage without a guardian).”
One can see also the Takhrij of Albani (rah) he declared these hadiths to be Sahih.
2 .It is narrated by Imam Tahawi that;
A’isha, the wife of the Prophet (PBUH) married (her niece) Hafsa bint `Abd Al
Rahman to Munzar ibn Zubayr while `Abd Al Rahman (Hafsa’s father) was away in Syria.
(Ma`ani al Athar,vol.3 p.365 Bab al nikah bighayr wali `asabatin)
Ibn Hajar Asqalani states in his al-Diraya that its chain is rigorously authentic (sahih). This is a clear indication of the validity of themarriage of a sane, adult female without the presence of her guardian.
Answer :
Firstly i would like to mention Ibn-e-Hajar (rah) own view.
Ibn-e-Hajar Asqalani (rah) says :
“In doing Nikah without wali, there is Ikhtilaf amongst ulemas. Jamhoor is of the view and they stated that a women cannot do her nikahwithout wali, and they supported their saying from this hadith (about wali), and amongst this the most correct and strong proof is the same incident of the revelation of ayat of Quran-e-Kareem in which there is clearly mentioned about asking the permission of wali. This is amongst the most staunchest proof, if there was no need of wali So the saying of Allah “Nor Marry Your Girls” contains no meaning, Furthermore if girl was able to marry herself alone then she doesn’t need anymore her brother”
The Incident of Aisha R.A.
First of infront of Prophet (s) hadith of any Sahabi has no value. Secondly according to Usool al hadith the Muhaddiths have mentioned criteria if any pratice of the narrator of the hadith goes against the hadith, then the hadith should be taken as practice not his own pratice.
Ibn e Hajar (rah)
“In this incident of Hazrat Aisha R.A, there is no where mentioned in this that she married her herself, because ihtemal is that the girl is widow and she tried to find any of her relative and due to absence of his father, she had been directed to any wali or Sultan. Because it is clearly mentioned from Hazrat Aisha R.A that she did nikah of her nephew, she done all of the conditions behind the veil and when the time came to do Nikah, she ordered a Man to do Nikah and Stated “A women has no right to do Nikah” [ Fath ul bari, Kitab ul nikah, Baab Min Qala La Nika Ila bil wali ]
And we know for a Widow there is no need for wali.
3. Another Accusation :
–>It is narrated in the Muwatta of Imam Malik, in a rigorously authentic narration (sahih), that a woman came to the Prophet (Allah bless him and grant him peace) and gave herself in marriage. The Prophet (Allah bless him and grant him peace) married her to one of his companions. There was no wali of the woman present in this situation.
Answer :
Surah Ahzab
033.050
YUSUFALI: O Prophet! We have made lawful to thee thy wives to whom thou hast paid their dowers; and those whom thy right hand possesses out of the prisoners of war whom Allah has assigned to thee; and daughters of thy paternal uncles and aunts, and daughters of thy maternal uncles and aunts, who migrated (from Makka) with thee; and any believing woman who dedicates her soul to the Prophet if the Prophet wishes to wed her;- this only for thee, and not for the Believers (at large); We know what We have appointed for them as to their wives and the captives whom their right hands possess;- in order that there should be no difficulty for thee. And Allah is Oft-Forgiving, Most Merciful.
So Prophet doesn’t require any wali because it is only for him.
4. Accusation and it’s answers :
Some people will misquote the ayat
2:232
“Don’t stop them from marrying their (former) husbands”
Try to bring Imam Jassas commentary of this verse who was a Hanafi i have also answered his accusation, below.
Answer :
So let us look at the revelation of it.
Tafsir Ibn-e-Kathir :
There is no marriage without wali :
http://www.theholybook.org/content/view/6601/4/
And the verse 2:232 was revealed about those who of whom marriages already taken place. Read the Tafsir to the next page.
Sahih Bukhari :
Volume 7, Book 62, Number 61:
Narrated Al-Hasan:
concerning the Verse: ‘Do not prevent them’ (2.232) Ma’qil bin Yasar told me that it was revealed in his connection. He said, “I married my sister to a man and he divorced her, and when her days of ‘Idda (three menstrual periods) were over, the man came again and asked for her hand, but I said to him, ‘I married her to you and made her your bed (your wife) and favored you with her, but you divorced her. Now you come to ask for her hand again? No, by Allah, she will never go back to you (again)!’ That man was not a bad man and his wife wanted to go back to him. So Allah revealed this Verse: ‘Do not prevent them.’ (2.232) So I said, ‘Now I will do it (let her go back to him), O Allah’s Apostle.”So he married her to him again.
So this is also clear previously his brother as a wali Married her, next the girl herself can do because she was divorced once and at this time verse revealed don’t prevent them. Otherwise there is no mean preventing his brother to marry her if the girl can do herself hermarriage. Allah also directed to wali here.
Ibn-e-Hajar Asqalani (rah) says :
“if girl was able to marry herself alone then she doesn’t need anymore her brother”
[Fath-ul-Bari, Baab Mazkur]Imam Qurtubi (rah) on the Verse 2:232
“This verse was revealed for Ma’qil bin Yasar R.A, When he stopped his Sister from Marrying again to her Former Husband, This incident has been noted by Imam Bukhari (rah). If her Brother has no right to do her Nikah, So why it is said to him ‘Don’t Prevent them’ “.
[Tafsir e Qurtubi 3/28]
So it is clear that 2:232 revealed about not to prevent who were already Married, not for Virgins.
So if any Fatawa or any Tafasir or Any Opinion let it be the Biggest Scholar of the World Contradicts the Qur’an or Sahih Ahadith, Follow Qu’ran and Sahih Ahadith and Those Tafsir which are supported in accordance with Sahi Ahadith.
Regarding the Verse 2:232 :
(1). Ibn e Hajar explains as i quoted previously that if there was no need of wali then at the time when this Ayat was revealed the girl wouldn’t be waiting for the consent of wali (Her Brother) But Allah directed to him “Don’t Stop Them” (Again to wali).
(2). In the Sahih Ahadith and in the Old Tafasirs of Imam Qurtubi, Imam Tabari, Ibn e Kather and others, last but not the least in Sahih Bukhari the whole incident is mentioned in Kitab Ul Nikah in which time ayat 2:232 was Revealed.
(3). Imam Jassas was a Hanafi and his istedal is going against Sahih Hadith and the verse itself because Allah says in 2:232 “Don’t Prevent them” it clearly mentions, Allah is again directing to wali not to the Women because previously Allah has given them order to “Nor Marry Your Girls” Otherwise that the Widow Women wouldn’t be waiting for her Brother he would have married before the revelation of this verse and even after this verse If women can do without wali the Ayat Would be “Oh Girls You Can Marry” But Allah stated “Don’t Prevent them” again to wali.
So His Istedal is Wrong, which is against the Ayat itself and Sahih Ahadith.
5. Misquotation of Ibn-e-Abbas r.a hadith
Sahih Muslim :
Book 008, Number 3305:
‘A’isha (Allah be pleased with her) reported: I asked Allah’s Messenger (may peace be upon him) about a virgin whose marriage is solemnised by her guardian, whether it was necessary or not to consult her. Allah’s Messerger (may peace be upon him) said: Yes, she must be consulted. ‘A’isha reported: I told him that she feels shy, whereupon Allah’s Messenger (may peace be upon him) said: Her silence implies her consent.
Book 008, Number 3306:
Ibn ‘Abbas (Allah be pleased with him) reported Allah’s Apostle (may peace be upon him) as saying: A woman without a husband has wore right to her person than her guardian, and a virgin’s consent must be asked from her, and her silence implies her consent.
Book 008, Number 3307:
Ibn Abbas (Allah be pleased with them) reported Allah’s Messenger (may peace be upon him) as saying: A woman who has been previously married (Thayyib) has more right to her person than her guardian. And a virgin should also be consulted, and her silence implies her consent.
So from Bukhari hadith and his own hadith and Tafsir Ibn e Kathir it is clear he is talking about of those who were already married. Now his own opinion which is mentioned in Fath-ul-Bari.
Hadith of Ibn-e-Abbas R.A (The Muffasir of the Qur’an), in Tabrani Al-Wast of which Sanad has been declared Hasan it is mentioned in Fath Ul Bari :
“There is no marriage without the permission of wali and Sultan”
[ Fath Ul Bari, Kitab Ul Nikah, Baab Sultan wali ]
It is amongst the Sunnah of the Prophets about the neccesity of wali:
028.027
He said: “I intend to wed one of these my daughters to thee”
One more Proof :
Regarding Witnesses :
One more narration, Which is mentioned in Sahih of Ibn e Hibban, in which there is condition of two honest witnesses and along with wali, Imam Qurtubi (rah) writes after quoting this narration :
“Regarding 2 Witnesses it is the Only Sahi Ahadith and when this Hadith has been proved Sahih, So unanimously it is proven from Kitab o Sunnat that without wali Nikah is Batil”
[ Tafsir e Qurtubi 3/73 ]So if anyone needs witnesses he also needs a wali.
I hope this is sufficient to clear all the misconceptions, May Allah give hidayah to All and those sisters who run away from houses Ameen. Neither a Guardian force the girl, nor she can arrange her own without the wali. However for more details you can read here
http://islamqa.com/en/ref/95405/wali
An article by Mohammad Kashif Khan