Islamic Rulings

Fatwa by: Abu Muhammad Al Hasan ibn Alee ibn Khalf Al Barbahaaree (died 329AH)

Question:

Is marriage valid without a Walee (Guardian)?

Answer:

There is no marriage except with a Walee (guardian), two just witnesses, and a Mahr (dower) whether it is small or large in amount. (Sharh-us Sunnah Imaam Barbahaaree point 55 p50 English translation)

Evidence:

Abu Musa narrated that the Prophet said, ‘There is no marriage without the Walee.’ (Sunnah of Abu Dawood)

Aa’eyshah narrated that Allah’s Messenger said, ‘If a woman marries without the consent of her guardian her marriage is void.’ (sunnah of Abu Dawood; sunnah of Tirmidi; sunnah of Ibn Maajah)

Complied by Kamillah Khan

Inshaa Allah in this section we will be dealing with verdicts issued by various scholars. However the key theme will be to ‘Take from where the scholars took’ in order to eliminate Taqleed (blind following) and facilitate our understanding of the evidences. Indeed this was the methodology of the pious predecessors during the early years of Islam. Imam Ahmad (May Allah have mercy upon him) eloquently summarised this great principle when he said, “Do not follow my opinion, nor the opinion of Maalik, nor Shaafi’, nor Awzaa’ee, nor Thawree, but take from where they took” (imaam Ahmad, I'laam 2/302)

" When it is said to them, Follow that which Allah has sent down, they say 'Nay! We shall follow that which we found our fathers following." (Quran 2:170)

“Do not follow my opinion, nor the opinion of Maalik, nor Shaafi’, nor Awzaa’ee, nor Thawree, but take from where they took” (Imaam Ahmad, I’laam 2/302)