0

This question already has an answer here:

If a girl's guardian does not want her to marry at all, or does not want her to marry a boy that she likes. What are the options for this girl? Can she bypass her parent/guardian consent and proceed on to marry on her own? or will she stay unmarried forever?

I am not interested in scholarly interpretations; I am looking for evidence directly from the Qur'an and ahadith.

EDIT: The girl has never been married and is therefore not a divorcee. I know a divorced girl does not need a guardian.

marked as duplicate by Medi1Saif, Rebecca J. Stones, Sassir, III-AK-III, Kilise Jun 22 '17 at 16:43

This question has been asked before and already has an answer. If those answers do not fully address your question, please ask a new question.

  • 1
    <comments deleted> We are not a forum for discussion and debate. Please refrain from leaving comments unless they're for the purpose of improving the post they are left on. – goldPseudo Jun 17 '17 at 20:47
  • see my answer islam.stackexchange.com/a/23689 . – qdinar Jun 24 '17 at 6:26
0

Sunnah

We have two sahih ahadith which are clear about this:

There is no marriage without the permission of a guardian. -- Sunan Abi Dawud 2085 [grade: sahih] (sunnah.com)

Also Sunan Ibn Majah (1; 2).

Any woman whose marriage is not arranged by her guardian, her marriage is invalid, her marriage is invalid, her marriage is invalid. -- Sunan Ibn Majah [grade: sahih] (sunnah.com)

Also Jami' at-Tirmidhi 1102 [grade: hasan] (sunnah.com) and Sunan Abi Dawud 2083 [grade: sahih] (sunnah.com).

The default situation is no, a woman may not marry without her guardian's permission. But we know there's exceptions, e.g. for previously married women (Sahih Muslim 1421 (sunnah.com)).

(IslamWeb discuss how Qur'an 2:221 and Qur'an 2:232 also support the idea that a "woman cannot marry herself off", and lists another hadith.)

Fiqh

The answer to your question ("Can she bypass her parent/guardian consent...") varies according to schools of thought. The reason is that there's no clear-cut evidence for what to do in this situation.

You may not care about schools of thought, but for the marriage to be considered legally valid, it needs to meet certain regulations, which vary according to schools of thought. (Moreover, the usefulness of questions and answers at Islam.SE is not limited to the OP. So the reader may still care, even if the OP does not care.)

If the guardian refuses all marriages...

As I understand, exceptions are motivated by Qur'an verses which encourage suitable marriages, such as:

And marry the unmarried among you and the righteous among your male slaves and female slaves. If they should be poor, Allah will enrich them from His bounty, and Allah is all-Encompassing and Knowing. -- Qur'an 24:32

The obstructive guardian is seen as preventing what Allah has decreed in the Qur'an, which is serious; Islam Q&A go so far as to say:

... if the guardian repeatedly refuses compatible suitors, then he becomes a faasiq (evildoer) ...

If this is demonstrably the case, then the guardian is failing in his duty as guardian. If the guardian cannot be reasoned with, there are workarounds. Islam Q&A write:

But if the wali repeatedly refuses the proposal of a compatible suitor, he is to be regarded as preventing the marriage of the female relative under his care, and his guardianship is thus rendered null and void, and that right is transferred to the next closest relative on the father’s side.

This is consistent with Islam Today (Sheikh Ahmad al-Rashîd) and Ferkous.com; this latter fatwa instead writes: "...the guardianship is transferred directly to the general authority, namely that of the Muslim judge if the matter is carried before him...".

Hanafi marriage without guardian...

The Hanafi school of thought is known for being an exception to the rule of marriage requiring a guardian. However, this is not under normal circumstances, as a Darul Iftaa (Mufti Muhammad ibn Adam) explains:

It is a common misconception that the Hanafi School unreservedly allows a marriage without the consent of the woman’s parents or her guardian (wali). ...

... The relied upon position within the School is that the marriage of a free, sane and adult woman without the approval of her guardian (wali) is valid if the person she is marrying is a “legal” and suitable match (kuf’) to her. ...

... Many Hanafi jurists (fuqaha) have pointed out that it is generally blameworthy and going against the Sunnah to marry without the consent of the Wali regardless of whether the spouse is a legal match or otherwise due to the many Hadiths ...

As such, this Hanafi position is merely a concession (rukhsa) which may be resorted to in situations of need, and a blessing for those sisters who fall victim to their parent’s mistreatment and abuse. ...

  • This girl has a job and she wants to marry a boy whom she met in a mosque and who does not have a job. Her father is kinda reliant on her income, and does not wishes her to marry someone who is poor. He wants her to marry a man who is rich so that she may not have to spend her salary on her husband and that her father may still keep a portion of her salary for himself... So, it seems she can bypass his guardianship since he is preventing her from her right. I will tell her to look into one of his father's relatives to see if anyone among them would agree to be her guardian – Qaisar Khan Jun 17 '17 at 22:59
  • Note: this is not a fatwa site and what I write is not a fatwa. Nor is this a personal advice site. (It's more like an Islam study group.) – Rebecca J. Stones Jun 17 '17 at 23:10
  • Sure, I understand that. – Qaisar Khan Jun 18 '17 at 0:35
  • This might be relevant too: dar-alifta.org/Foreign/ViewFatwa.aspx?ID=6018 – Kilise Jun 18 '17 at 16:51

Not the answer you're looking for? Browse other questions tagged or ask your own question.