The Messenger of Allah (ﷺ) said: The marriage of a woman who marries without the consent of her guardians is void. (He said these words) three times. If there is cohabitation, she gets her dower for the intercourse her husband has had. If there is a dispute, the sultan (man in authority) is the guardian of one who has none.
Hadith Text & Reference
The Messenger of Allah (ﷺ) said: "The marriage of a woman who marries without the consent of her guardians is void." (He said these words) three times. "If there is cohabitation, she gets her dower for the intercourse her husband has had. If there is a dispute, the sultan (man in authority) is the guardian of one who has none."
Source: Sunan Abi Dawud 2083 | Book: Marriage (Kitab Al-Nikah)
Legal Ruling & Nullification
This hadith establishes the fundamental principle that a woman's marriage contract requires the consent and participation of her legal guardian (wali). The Prophet's repetition of "void" three times emphasizes the gravity and absolute nature of this ruling in Islamic jurisprudence.
According to the majority of scholars (except Abu Hanifah), a marriage contracted without a guardian is batil (null and void) rather than merely fasid (defective). This means it has no legal effect from its inception and does not establish the rights and obligations of marriage.
Guardianship Hierarchy
The guardians (awliya') for marriage are typically male relatives in order of proximity: father, paternal grandfather, brother, paternal uncle, etc. The guardian must be Muslim, of sound mind, and male. The hadith specifies that if no natural guardian exists, the Islamic authority (sultan) or his representative becomes the guardian.
The guardian's role is to ensure the marriage is suitable and protects the woman's interests, not to force her into an unwanted marriage. The woman's consent remains essential, while the guardian's approval validates the contract.
Financial Rights & Cohabitation
Despite the marriage being void, the hadith protects the woman's financial rights. If cohabitation occurred, she is entitled to the proper dower (mahr) as compensation for the intimacy that took place.
This ruling demonstrates Islam's concern for justice - even in invalid situations, rights must be honored. The woman is not penalized for the invalid contract and receives what is due to her for what has transpired.
Scholarly Consensus & Wisdom
The requirement of guardianship prevents hasty decisions, ensures compatibility in social status, protects women from exploitation, and maintains family harmony. It reflects the collective nature of marriage in Islam as a social institution rather than merely a private contract.
Classical scholars like Ibn Qudamah and An-Nawawi emphasized that this ruling applies to adult, virgin women as well as previously married women, though there are differences regarding the degree of guardian authority in each case according to various schools of thought.