Why a Muslim Girl Can Marry Without the Parents Permission
C.J Ahmed-11.04.2023
A Muslim woman can marry with out her parents permission and there is clear evidence to prove this.
Narrated Thabit:
that he heard Anas saying, "A woman came to the Prophet (sal) offering herself to him in marriage, saying, "Have you got any interest in me (i.e. would you like to marry me?)" Anas's daughter said, "How shameless that woman was!" On that Anas said, "She is better than you, for she presented herself to Allah's Messenger (sal) (for marriage).” (Bukhari)
Narrated Sahl:
A woman came to the Prophet,, and presented herself to him (for marriage). He said, "I am not in need of women these days." Then a man said, "O Allah's Messenger (sal)! Marry her to me." The Prophet (sal) asked him, "What have you got?" He said, "I have got nothing." The Prophet (sal) said, "Give her something, even an iron ring." He said, "I have got nothing." The Prophet (sal) asked (him), "How much of the Qur'an do you know (by heart)?" He said, "So much and so much." The Prophet (sal) said, "I have married her to you for what you know of the Qur'an."(Bukhari)
Narrated Sahl bin Sa`d As-Sa`idi:
While I was (sitting) among the people in the company of Allah's Messenger (sal) a woman stood up and said, "O Allah's Messenger (sal)! She has given herself in marriage to you; please give your opinion of her." The Prophet did not give her any reply. She again stood up and said, "O Allah's Messenger (sal)! She has given herself (in marriage) to you; so please give your opinion of her. The Prophet (sal) did not give her any reply. She again stood up for the third time and said, "She has given herself in marriage to you: so give your opinion of her." So a man stood up and said, "O Allah's Messenger (sal)! Marry her to me." The Prophet asked him, "Have you got anything?" He said, "No." The Prophet (sal) said, "Go and search for something, even if it were an iron ring." The man went and searched and then returned saying, "I could not find anything, not even an iron ring." Then the Prophet (sal) said, "Do you know something of the Qur'an (by heart)?" He replied, "I know (by heart) such Sura and such Sura." The Prophet (sal) said, "Go! I have married her to you for what you know of the Qur'an (by heart). (Bukhari)
The above hadiths prove that a woman can get married without the permission of her parents. There is a view that the prophet (sal) was the guardian of the woman who presented her self in this hadith. There is no evidence of the prophet (sal) being the guardian for the woman who presented her self to him.
There are scholars who quotes the below hadiths to rpove that a Muslim woman cannot marry with out the the permission of the wali (guardian).
Abu Musa narrated that the prophet (sal) said,
“There is no marriage without a wali” (Abu-Dawud and Tirmidhi-Graded Sahih by Albani)
Aisha narrated that the prphet (sal) said,
“Any woman who gets married without the permission of her wali, her marriage is invalid, her marriage is invalid, her marriage is invalid. If the marriage has been consummated then she is entitled to the mahr because she allowed the man to be intimate with her. If she does not have a wali then the ruler is the wali of one who does not have a wali.”(Trmidhi and Ibn Majah- Graded Sahih by Ibn Hibban and Haakim)
What should be understood here is that during the marriage contract, there are certain rules which Islam has put in forth for both the man and the woman and the prophet (sal) said,
“There is no marriage contract except with a wali and two witnesses.” (Tabarani and graded authentic by Albani in Sahih al Jami)
Even in other cultures such as seen in the western world, the marriage contract has certain stipulations such as both parties should have reached the age of 18 and in the state of Nebraka it is 19 years and in the UK, if you are willing to get married, you must give at least 29 days notice at the local registry. In a marriage it is not the parents consent that matters, it is the woman’s consent that is what makes a marriage valid and any marriage that has no consent from the woman is null and void.
Abu Hurayrah narrated that the prophet (sal) said,
“No previously-married woman should be married off without being consulted, and no virgin should be married off without asking her permission.”(Bukhari and Muslim)
The prophet (sal) also said,
“A previously-married woman has more right concerning herself than her guardian, and the permission of a virgin should be sought (regarding marriage), and her permission is her silence.”(Muslim)
It was narrated from Khansa’ bint Khizaam al-Ansaariyyah that her father married her off when she had been previously married, and she did not like that. She went to the prophet (sal) and he annulled the marriage. (Bukhari )
Ibn Abbas (rali) narrated that a virgin girl came to the Prophet (sal) and told him that her father had married her off against her objections. The Prophet (sal) gave her the choice.(Abu-Dawud-Graded Sahih by Albani)
It is very clear that a Muslim girl can marry without her parents permission and there is nothing forbidden in doing so.
A Muslim woman can marry with out her parents permission and there is clear evidence to prove this.
Narrated Thabit:
that he heard Anas saying, "A woman came to the Prophet (sal) offering herself to him in marriage, saying, "Have you got any interest in me (i.e. would you like to marry me?)" Anas's daughter said, "How shameless that woman was!" On that Anas said, "She is better than you, for she presented herself to Allah's Messenger (sal) (for marriage).” (Bukhari)
Narrated Sahl:
A woman came to the Prophet,, and presented herself to him (for marriage). He said, "I am not in need of women these days." Then a man said, "O Allah's Messenger (sal)! Marry her to me." The Prophet (sal) asked him, "What have you got?" He said, "I have got nothing." The Prophet (sal) said, "Give her something, even an iron ring." He said, "I have got nothing." The Prophet (sal) asked (him), "How much of the Qur'an do you know (by heart)?" He said, "So much and so much." The Prophet (sal) said, "I have married her to you for what you know of the Qur'an."(Bukhari)
Narrated Sahl bin Sa`d As-Sa`idi:
While I was (sitting) among the people in the company of Allah's Messenger (sal) a woman stood up and said, "O Allah's Messenger (sal)! She has given herself in marriage to you; please give your opinion of her." The Prophet did not give her any reply. She again stood up and said, "O Allah's Messenger (sal)! She has given herself (in marriage) to you; so please give your opinion of her. The Prophet (sal) did not give her any reply. She again stood up for the third time and said, "She has given herself in marriage to you: so give your opinion of her." So a man stood up and said, "O Allah's Messenger (sal)! Marry her to me." The Prophet asked him, "Have you got anything?" He said, "No." The Prophet (sal) said, "Go and search for something, even if it were an iron ring." The man went and searched and then returned saying, "I could not find anything, not even an iron ring." Then the Prophet (sal) said, "Do you know something of the Qur'an (by heart)?" He replied, "I know (by heart) such Sura and such Sura." The Prophet (sal) said, "Go! I have married her to you for what you know of the Qur'an (by heart). (Bukhari)
The above hadiths prove that a woman can get married without the permission of her parents. There is a view that the prophet (sal) was the guardian of the woman who presented her self in this hadith. There is no evidence of the prophet (sal) being the guardian for the woman who presented her self to him.
There are scholars who quotes the below hadiths to rpove that a Muslim woman cannot marry with out the the permission of the wali (guardian).
Abu Musa narrated that the prophet (sal) said,
“There is no marriage without a wali” (Abu-Dawud and Tirmidhi-Graded Sahih by Albani)
Aisha narrated that the prphet (sal) said,
“Any woman who gets married without the permission of her wali, her marriage is invalid, her marriage is invalid, her marriage is invalid. If the marriage has been consummated then she is entitled to the mahr because she allowed the man to be intimate with her. If she does not have a wali then the ruler is the wali of one who does not have a wali.”(Trmidhi and Ibn Majah- Graded Sahih by Ibn Hibban and Haakim)
What should be understood here is that during the marriage contract, there are certain rules which Islam has put in forth for both the man and the woman and the prophet (sal) said,
“There is no marriage contract except with a wali and two witnesses.” (Tabarani and graded authentic by Albani in Sahih al Jami)
Even in other cultures such as seen in the western world, the marriage contract has certain stipulations such as both parties should have reached the age of 18 and in the state of Nebraka it is 19 years and in the UK, if you are willing to get married, you must give at least 29 days notice at the local registry. In a marriage it is not the parents consent that matters, it is the woman’s consent that is what makes a marriage valid and any marriage that has no consent from the woman is null and void.
Abu Hurayrah narrated that the prophet (sal) said,
“No previously-married woman should be married off without being consulted, and no virgin should be married off without asking her permission.”(Bukhari and Muslim)
The prophet (sal) also said,
“A previously-married woman has more right concerning herself than her guardian, and the permission of a virgin should be sought (regarding marriage), and her permission is her silence.”(Muslim)
It was narrated from Khansa’ bint Khizaam al-Ansaariyyah that her father married her off when she had been previously married, and she did not like that. She went to the prophet (sal) and he annulled the marriage. (Bukhari )
Ibn Abbas (rali) narrated that a virgin girl came to the Prophet (sal) and told him that her father had married her off against her objections. The Prophet (sal) gave her the choice.(Abu-Dawud-Graded Sahih by Albani)
It is very clear that a Muslim girl can marry without her parents permission and there is nothing forbidden in doing so.