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What are the Hanafis' proofs for the the permissibility of a woman marrying herself without a guardian, and what are the strongest refutations against them from the majority of scholars?

1 min readAlso available in العربية

The evidence presented by the majority against the validity of a woman marrying herself is as follows:

1. The Prophet, peace and blessings be upon him, said: "There is no marriage except with a guardian (wali)." 2. The Prophet, peace and blessings be upon him, said: "Any woman who marries herself without the permission of her guardian, her marriage is invalid, invalid, invalid. If he has consummated the marriage with her, then she is entitled to the dowry for what he has made lawful of her private parts. If they dispute, then the ruler is the guardian of one who has no guardian." 3. A woman is under guardianship regarding marriage, so she cannot conduct it herself, just like a minor. 4. The verse: {Then do not prevent them} (Quran 2:232) was revealed concerning Ma'qil ibn Yasār when he refused to marry off his sister. The Prophet, peace and blessings be upon him, then called him and he married her off. This indicates that her marriage is the responsibility of the guardian. 5. The reason for prohibiting her from marrying herself is to safeguard her from engaging directly in what might suggest immodesty or a inclination towards men, as this contradicts the state of people of modesty and chivalry.

Summarized from the full answer at Ftawy · reviewed Sep 2, 2026

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