Thus, according to them, this hadith signifies involvement of the wali is a condition for the validity of marriage. He stopped there and began to talk with him. He also quoted Tirmidhi saying: هَذَا حَدِيثٌ فِيهِ اخْتِلَافٌ This hadith is controversial. عن عبد الله بن عباس أن النبي - صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ قال: الْأَيِّمُ أَحَقُّ بِنَفْسِهَا مِنْ وَلِيِّهَا Discover (and save!) 'Alqama reported: While I was walking with 'Abdullah at Mina, 'Uthman happened to meet him. (Musili, Al-Ikhtiar, Vol. Then she was proposed to by Umar and she refused. عَنْ عَائِشَةَ، أَنَّ فَتَاةً، دَخَلَتْ عَلَيْهَا فَقَالَتْ إِنَّ أَبِي زَوَّجَنِي ابْنَ أَخِيهِ لِيَرْفَعَ بِي خَسِيسَتَهُ وَأَنَا كَارِهَةٌ ‏.‏ قَالَتِ اجْلِسِي حَتَّى يَأْتِيَ النَّبِيُّ صلى الله عليه وسلم فَجَاءَ رَسُولُ اللَّهِ صلى الله عليه وسلم فَأَخْبَرَتْهُ فَأَرْسَلَ إِلَى أَبِيهَا فَدَعَاهُ فَجَعَلَ الأَمْرَ إِلَيْهَا فَقَالَتْ يَا رَسُولَ اللَّهِ قَدْ أَجَزْتُ مَا صَنَعَ أَبِي وَلَكِنْ أَرَدْتُ أَنْ تَعْلَمَ النِّسَاءُ أَنْ لَيْسَ إِلَى الآبَاءِ مِنَ الأَمْرِ شَىْءٌ Thus, this hadith is also controversial and cannot stand as solid evidence. Tirmidhi said, this is a hasan Hadith] If the woman does not have a male mahram relative, the Imam closest to her … (Qaduri, Al-Tajrid, Vol. However they stipulated two important conditions which if not fulfilled, the wali has the right to nullify the marriage contract: the woman should marry a kuf' (a man in equal standing and status) and the bride receives the same dowry is usually given to similar brides (mahr al-mithl). Thus, this hadith is also controversial and cannot stand as solid evidence. So she went to Allah’s Apostle and he declared that marriage invalid.” [Sahih Al-Bukhari 7.69], “…Her guardian should not make a promise (to somebody to get her married to him) without her knowledge…” [Sahih Al-Bukhari 7.56]. Bukhari and ibn Ma'ieen stated: no hadith reported on this issue (i.e. وقد أضافه إليها Because she is a free, mature and sane person and thus she is eligible for the waliayah (guardianship) over herself such as the young man. He said, “The one who conducted her marriage contract was her son, Salamah ibn Abu Salamah, who was the eldest of her children.” [End of Quote] Salamah was an adult, unlike (her son) ‘Umar, who was a young boy at the time. After reviewing the scholarly views on this topic, the preponderant and safest (ahwat) position in this issue is that both the bride and her wali should be involved in contracting the marriage. 5. 2, p. 317). 1. Hanafis presented a linguistic argument here, they said that the word "الْأَيِّمُ" is used to refer to any single unmarried women, whether she married before or not. This hadith shows us the great importance that Allah (SwT) and His Messenger (S) have placed on marriage, such that it is the most loved foundation or establishment upon which the Muslim man and woman can build their life upon. It is stated in Durr al-Mukhtar vol.2 pg 29: “If a woman marries a ghair kufu’ (unsuitable) man without the permission of her wali, then this is invalid.”. Tirmidhi said, this is a hasan Hadith]. To understand what a successful marriage is, and the key issues and challenges facing marriage, Shaykh Faraz looks at 40 hadiths of the words and example of the Prophet Muhammad (peace be upon him). Every hadith about ‘Ali only uses wali (ولي), and not wali (والي). Sahabah In a Nutshell: Also, when she said: "وَلَكِنْ أَرَدْتُ أَنْ تَعْلَمَ النِّسَاءُ أَنْ لَيْسَ إِلَى الآبَاءِ مِنَ الأَمْرِ شَىْءٌ - but I wanted women to know that their fathers have no right to do that", the Prophet (saw) approved what she said regarding the wali authority on the marriage contract and did not object. 5, p. 12) The marriage will only be valid if the woman marries a kufu’. She said: "Sit here until the Prophet comes." 2, p. 317) 5, p. 12), روي عَنْ عَلِيِّ بْنِ أَبِي طَالِبٍ - رَضِيَ اللَّهُ عَنْهُ - أَنَّ امْرَأَةً زَوَّجَتْ ابْنَتَهَا بِرِضَاهَا فَجَاءَ أَوْلِيَاؤُهَا فَخَاصَمُوهَا إلَى عَلِيٍّ - رَضِيَ اللَّهُ عَنْهُ - فَأَجَازَ النِّكَاحَ It has been narrated by Ali ibn Abi Talib (ra) that a woman married off her daughter with her consent. Bukhari and ibn Ma'ieen stated: no hadith reported on this issue (i.e. If the husband paid the remaining of the dowry, the contract would become valid but if he did not, he has the right to nullify the marriage contract. (Al-Mabsut, Vol. By virtue of Hadith, Aishah reported that the Messenger of Allah (PBUH) said: ... the distance between the residence of the women’s wali and the place of marriage, which was Padang Besar, Thailad, was less than two marhalah. The Prophet (saw) said, ‘Oh Ali! وَامْرَأَةً مُّؤْمِنَةً إِن وَهَبَتْ نَفْسَهَا لِلنَّبِيِّ Your email address will not be published. (He said these words) three times. A “mature” girl can marry whoever she wishes, provided the man is of her equivalent social standing, the marriage will be valid irrespective of whether the wali is informed or not, and irrespective of whether the wali gives his consent or not. Tirmidhi said, this is a hasan Hadith] If the woman does not have a male mahram relative, the Imam closest to her locality, of the same faith as her, becomes her wali. Thus, the fuqahaa (jurists) have stated that a weaver is not a Kufu’ (match) of a tailor, rather he is inferior nor is a tailor the Kufu’ of a cloth merchant nor a cloth merchant the Kufu’ of an aalim or qadhi. Even if the free, sane mature woman marries herself off, this marriage is valid (Al-Ikhtiar, Vol. A “mature” girl can marry whoever she wishes, provided the man is of her equivalent social standing, the marriage will be valid irrespective of whether the wali is informed or not, and irrespective of whether the wali gives his consent or not. Narrated AbuHurayrah: When the Prophet (peace be upon him) congratulated a man on his marriage, he said: May Allah bless for you, and may He bless on you, and combine both of you in good (works). (Nasa'i 26:59) Hanafis also used this verse as evidence for a woman marrying herself to the Prophet (saw) without having her wali with her. “When a woman marries without the permission of her wali, then her marriage is not valid, not valid, not valid.” [Related by Ahmad, Tirmidhi and others. On marriage by jami al tirmizi we use here They also made an analogy between capability. Her husband has had sound ( usage ) according to the marriage or the marriage contract ) who are must... And void you account related emails occasionally - we will send you account related emails occasionally we... Qur'An 2:230 ), مَدَارُ ذَلِكَ الْحَدِيثِ عَلَى الزُّهْرِيِّ وَأَنْكَرَهُ الزُّهْرِيُّ، وَجَوَّزَ النِّكَاحَ بِغَيْرِ وَلِيٍّ herself off, hadith... 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