𝗪𝗼𝗺𝗲𝗻'𝘀 𝗕𝗲𝗻𝗲𝗳𝗶𝘁𝘀 (520)

Why Does a Women Require a Wali for Marriage? Sheikh Rashād Adh-Dhali'ee hafidahullah: A woman—regardless of whether she is mature, rational, young, or old—is not permitted to contract her own marriage. This is among the merits of the Shari'ah. The guardian is more knowledgeable of her best interests, whereas she may remain within her home and be unaware of many matters. Moreover, if anything were to occur on her part or if she were to fall into some difficulty, the disgrace associated with it would also fall upon her guardian, and he would be affected by it. Likewise, if she were to suffer harm as a result of her marriage, he is the one able to defend her, seek her rights, and demand justice on her behalf, whereas she may not be able to do so herself. For these reasons, the presence of a guardian is required according to the majority of scholars. The Ḥanafī school differed on this issue and held that it is permissible for a woman to contract her own marriage without a guardian, just as it is permissible for her to sell her own property and dispose of it without her guardian. They argued that just as she has the right to dispose of her wealth, she likewise has the right to dispose of her marital bond. They further claimed that the textual evidence requiring a guardian applies only to a minor. Al-Bukhārī rahimahullah refuted this view by his commentary on the Āyah: “So do not prevent them [from marrying]”, stating that it applies to both previously married women and virgins alike—that it encompasses everyone—and that a guardian is therefore necessary. Accordingly, there is no valid marriage without a guardian, and any marriage contracted without a guardian is invalid, whether the woman is a virgin or previously married. For this reason, the Prophet ﷺ instructed that a previously married woman be asked for her consent and that a virgin be consulted. It is the guardian who seeks her opinion and consults her in this matter. Both are equal in this regard; however, a virgin may feel shy and remain silent, while a previously married woman speaks openly. It is the guardian who presents the proposal to her and consults her. Consider how much corruption would occur if marriage were allowed without a guardian. Given the weakness of intellect and religion inherent in human nature, how many women could be deceived by evil men who seek to exploit them? How much harm would result? Thus, from the wisdom of Shari'ah is that the matter of marriage has been placed in the hands of the guardian...