How does a woman determine her guardian for the marriage contract, and is the guardian obligated to complete all of her transactions?
The reasons for the guardianship of marriage (wilayat al-) are five: ownership, kinship, wala' (manumission allegiance), Imamah (leadership), and wisayah (guardianship by testament). The wali (guardian) is a condition for the validity of the marriage. It is not permissible for a woman to undertake her own marriage or that of another, and if she directly conducts the contract, it is void.
A sane, adult, and رشيدة (of sound judgment) woman may manage her own property and dispose of it without anyone's permission, whether she is a virgin, without a father, or married. She may also dispose of the property of her children and her parents in ways permissible to her. A mother has guardianship over the property of her young and insane children.
It is not permissible for a woman to dispose of or give charity from her husband's property except with his permission, whether the permission is explicit or understood from custom and tradition. She may, however, be an executor () or a supervisor of an endowment (nathirah waqf).
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Ftawy
- Original fatwa ID
- 6885
- Added here
- . This is when the answer was added to El Fatwa, not the fatwa's date.
- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
- Read the full answer on Ftawy