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Topic: if a woman did not have a wali is the marriage valid
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 niqabimommy
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unspecified unspecified
(unspecified)
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Member
Posts: 5
Joined: Sep 2008
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as salaam alakium waramatu Allah wa barakato
I need to have this answered as soon as possible please.
does a woman need to have a wali to get married .
i have just come to follow salafiya me and my husband . after being hanafi for a very long time . and when we married the imam told us it is not neccasary for us to have a wali because i was divorced and my father was not a muslim . when i was searching for a answer for a a question someone asked me i found that a woman needs to have a wali .
me and my husband have been married legally and of course islamically and we have children together . what do we do in this case . we were unaware of this . should we go and marry again ? what is the manner of doing so ? do we have to re write islamic marriage contract etc. my father is now a muslim Alhumdululah so he can therefore be my wali .
if someone can answer this question please asap
jazik Allah khayrn
Imam Ibn al-Qayyim :ŭThe sign of (a humble heart) is that a person prostrates to his Lord out of respect and humility, and never raises his head until he meets Him. The arrogant heart, on the other hand, is one that is content with its arrogance and raise
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| Abu_Ubaydah
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Abu Ubaydah Yaqub ibn Umar
(Birmingham, UK)
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Member
Posts: 16
Joined: Sep 2008
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بسم الله الرحمان الرحيم
السلام عليكم و رحمة الله و بركــــاته
It is not permissible for a man to marry a woman without the permission of her guardian, whether she is a virgin or previously-married. This is the view of the majority of scholars, including al-Shaafa'i, Maalik and Ahmad. This is based on evidence which includes the following:
The verses in which Allaah says (interpretation of the meaning):
"...do not prevent them from marrying their (former) husbands"
[al-Baqarah 2:232]
"And do not marry Al-Mushrikaat (idolatresses) till they believe (worship Allaah Alone)"
[al-Baqarah 2:221]
"and marry those among you who are single"
[al-Noor 24:32]
The point here is that these verses clearly stipulate that there be a guardian in marriage, because Allaah is addressing the guardian with regard to the marriage of the woman under his care. If the matter were up to her and not him, there would be no need to address him.
It is indicative of Imam al-Bukhaari's deep understanding of issues of shareeŭ'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).
It was narrated that Abu Moosa said: The Prophet (peace and blessings of Allaah be upon him) said: "There is no marriage without a guardian."
(Narrated by al-Tirmidhi, 1101; Abu Dawood, 2085; Ibn Maajah, 1881. Classed as saheeh by Shaykh al-Albaani (may Allaah have mercy on him) in Saheeh al-Tirmidhi, 1/318)
It was narrated that "Aaŭishah (may Allaah be pleased with her) said: The Messenger of Allaah (peace and blessings of Allaah be upon him) said: Any woman who gets married without the permission of her guardian, her marriage is invalid, her marriage is invalid, her marriage is invalid. But if the marriage is consummated then the mahr is hers because she has allowed him to be intimate with her. If they dispute, then the ruler is the guardian of the one who has no guardian."
(Narrated by al-Tirmidhi, 1102; Abu Dawood, 2083; Ibn Maajah, 1879. Classed as saheeh by al-Albaani in Irwaŭ al-Ghaleel, 1840)
Prophet (peace and blessings of Allaah be upon him) said: "There is no valid marriage without a wali and two witnesses."(Narrated by Ahmad and the authors of Sunan except al-Nasaa'i. See Saheeh al-Jaami', 7558).
Shaykh al-Islam Ibn Taymiyah (may Allaah have mercy on him) said:
If there is no relative who can act as her guardian, then the position of guardian passes to the one who is most fit among those who have any kind of authority in matters other than marriage, such as the head of a village, the leader of a caravan, and so on.
Al-Ikhtiyaaraat, p. 350.
Ibn Qudaamah said: If a woman does not have a guardian and there is no ruler, then there was narrated from Ahmad that which indicates that her marriage should be arranged by a man of sound character, with her permission.
Al-Mughni, 9/362.
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01-10-2008 @ 5:08 PM
02-10-2008 @ 10:33 PM