Hadith Text & Transmission

The Prophet (ﷺ) said: "There is no marriage without the permission of a guardian."

Abu Dawud said: The narrator Yunus also transmitted on the authority of Abu Burdah, and Isra'il narrated from Abu Ishaq on the authority of Abu Burdah.

Scholarly Commentary

This hadith establishes the fundamental Islamic principle that a valid marriage contract requires the consent and permission of a wali (guardian) for the woman. Classical scholars from all four madhahib agree upon this condition.

The guardian's role ensures the woman's interests are protected, that she marries someone of compatible social and religious standing, and that the marriage contract is properly executed according to Islamic requirements.

The Hanafi school permits an adult woman to contract her own marriage, but considers the guardian's presence highly recommended (mustahabb) for the marriage's completeness and blessing.

Hierarchy of Guardians

Scholars established an order of guardianship: starting with the father, then paternal grandfather, then brother, then paternal uncle, and so forth through the male agnatic relatives.

A guardian must be Muslim, of sound mind, adult, and of good character. He should seek a compatible match who shares the woman's religious commitment and social standing.

Exceptions & Contemporary Applications

If a guardian unjustly prevents a woman from marrying a suitable match, the authority may transfer to the next eligible guardian or to the Islamic judge (qadi).

In contemporary contexts, scholars emphasize that guardians should exercise their responsibility with wisdom and consultation, prioritizing the woman's welfare and consent while upholding Islamic principles.