No Marriage Without a Guardian

　　The woman is not entitled to give herself in marriage without the consent of her family. Similarly, her guardian is not entitled to conclude her marriage without consulting her. Islam takes a moderate course by insisting that there should be participation from the woman, her guardian and family when it comes to her marriage. The woman has the full right to express her wish, and no one has the right to force her to marry. Her guardian is the one who should conclude the marriage contract after her consent. In this way, neither the woman nor her guardian has the right to conclude the marriage contract without the consent of the other. Certainly, this does not limit the freedom of the woman to choose her husband; rather, this reflects the interest of Islam in fulfilling complete tranquility in marital life. It also indicates the keenness of Islam on guaranteeing that there will be participation and marriage relationships between two families that are attached to each other by strong and friendly bonds witnessed and blessed by Allah The Almighty.

　　Marriage is not just a relation between a man and a woman that emerges in a social vacuum; rather, it is a relationship between two families that is based on affection, mercy and cooperation. Hence, preventing the woman from concluding the marriage contract alone is a consideration of her family’s right to establish a strong friendly relationship with the husband’s family because of the marital relationship.

　　Furthermore, the texts of the Quran and the Sunnah unequivocally prove that the woman has no right to conclude the marriage contract alone. Islam honored women and gave them the right to choose their husbands, but not secretly or without informing their families.

　　Prophetic Hadeeths show us how participation between the woman and her family in choosing her husband should be:

　　- On the authority of Ibn ‘Abbaas, may Allah be pleased with him, that a virgin came to the Prophet, , and mentioned that her father had given her in marriage to a man against her will. Thus, the Prophet, , gave her the right to choose whether to stay with her husband or to be separated from him. [Ahmad, Abu Daawood and Ibn Maajah]

　　The Sunnah also asserted that any marriage contract that is concluded without the guardian’s consent is certainly invalid:

　　On the authority of Abu Moosa, may Allah be pleased with him, that the Prophet, , said: “[There can be] no marriage without a guardian.”[Ibn Hibbaan and Al-Haakim - Saheeh]

　　- Imaam Maalik narrated in Al-Muwatta’ that ‘Umar ibn Al-Khattaab, may Allah be pleased with him, said: “A woman should not be given in marriage without the consent of her guardian, or one of sound judgment from her family, or the ruler.”

　　Announcement and Witnesses

　　The purpose of having witnesses to the marriage is to announce it. Hence, if the two spouses agreed with the witnesses that they should keep their marriage secret, then the marriage contract would be invalid because concealing the marriage is equal to the absence of the witnesses or it annuls the purpose of their presence.

　　Islam made the announcement of marriage obligatory, and recommended us to celebrate marriage and announce it by playing the duff and showing joy. Members of the two families should participate in this celebration, as narrated on the authority of ‘Aa’ishah, may Allah be pleased with her, that the Prophet, , said: “Announce the marriage, make it in mosques and play the duff [to announce it].” [At-Tirmithi]

　　The following are some Hadeeths that also state that announcing the marriage is obligatory:

　　- Announcing the marriage, either by having witnesses, or by avoiding secrecy, or both.

　　- The dowry

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