the repository articles, commentary and writings of u/travelingprincess

Why the Opinion That a Wali Isn’t Required Is Rejected

A user commented:

Mahr yes. Wali no. In Hanafi law, a woman is fully authorized to give herself in nikah without a wali. In fact that is presently the law in Pakistan. A man and a woman can go to oath councilor and register consent in the presence of two witnesses who are already there and it will be considered legal by Islamic law in total absence of a Wali. Other three schools make it mandatory but give the woman the right to select her own Wali in case immediate family does not approve of her marriage.

However, this is completely and categorically incorrect.

A wali wasn’t made mandatory by the other three schools of Fiqh, it was made mandatory by Allah on the words of His Messenger (ﷺ):

It was narrated by A’ishah (radhiAllah anha) that the Prophet (ﷺ) said: "Any woman who gets married without a wali, her marriage is invalid, invalid, invalid."

—Jami’ at-Tirmidhi 1102, Sunan Abu Dawood 2083, Sunan Ibn Maajah 1879

In another hadith, a wali is stipulated as a condition of a proper nikkah:

the Prophet (ﷺ) said: "There is no marriage contract except with a wali and two witnesses."

—Reported by at-Tabaraani, also Sahih al-Jami’ 7558

As for women giving themselves in marriage (acting as their own wali):

the Prophet (ﷺ) said: "No woman may conduct the marriage contract of another woman, and no woman can conduct the marriage contract on behalf of her own self, because the zaaniyah (fornicatress, adulteress) is the one who arranges things on her own behalf."

—Sunan Ibn Maajah 1782, Sahih al-Jami’ 7298

And these are just a small fraction of the ahadith that are authentically reported on this matter.

As for what the Prophet (ﷺ) has commanded, then Allah says of it:

"He who obeys the Messenger has obeyed Allāh;"

—Qur’an (an-Nisa) 4:80

And Allah has said elsewhere in the Qur’an:

"It is not for a believing man or a believing woman, when Allāh and His Messenger have decided a matter, that they should [thereafter] have any choice about their affair. And whoever disobeys Allāh and His Messenger has certainly strayed into clear error."

—Qur’an (al-Ahzab) 33:36

The user was also incorrect in his last statement that a woman is able to choose her own wali. That is not how it works. Who has walayat over the woman is a matter decided by a very specific hierarchy.

It is not for every woman to appoint whoever she feels will give her the green light. In fact, this completely defeats the purpose.

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travelingprincess

Urban hermit. Kitchenwali. Low-key rishta auntie. I write about culture, marriage, lifestyle, religion, etc. and how all of these are improved with Islam.

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