is it permissible for a woman to marry without a Waliy (a legally accountable person acting for a woman regarding marriage)?
One of the conditions of the validity of marriage is the existence of a Waliy. A woman is not permitted to marry without permission from her Waliy. If she gets married without permission from her Waliy, her marriage will be invalid.
Abu Musa reported that the Prophet (peace be upon him) said,
"There is no marriage without the permission of a Waliy."
Sulayman ibn Musa reported from
`Aishah that the Prophet (peace be upon him) (Part No. 18; Page No. 142) said,
Any woman who gets married without the consent of her Waliy, her marriage contract is void. If the husband consummates the marriage, then she deserve the dower by virtue of the sexual intercourse that became lawful for him. If there is any conflict, then the ruler is the Waliy for whoever has no Waliy.
This Hadith was reported by Imams Ahmad, Abu Dawud, Al-Tirmidhy and Ibn Majah.
A similar Hadith was reported by
Abu Dawud Al-Tayalisy.
The wording of this Hadith is,
There is no marriage without the permission of a Waliy. Any woman who gets married without the consent of her Waliy, her marriage contract is void, and the ruler is the Waliy for a person who has no Waliy.
Imam Ibn Al-Mundhir (may Allah be merciful to him) said, "It is not known that any of the Companions of the Prophet (peace be upon him) held a view that contradicts this." (Part No. 18; Page No. 143) May Allah grant us success. May peace and blessings be upon our Prophet Muhammad, his family, and Companions.