Marriage is Not Correct Without a Wali (Guardian)
Question :
I am forty years of age. Two and a half years ago, I took up religious studies and I was proposed to by a young man and he was able, through subterfuge to be alone with me, saying: "You are my wife; and the proof is that some of the scholars permit marriage without an announcement and its declaration at a later date. Also, it is sanctioned by the Mathhah of Imam Malik, who said: 'One who married without public announcement should not be flogged.''so , what is the ruling, particularly, since I live alone and I forbade him to visit me, but he said: "You are my wife, how can you forbid me?" And when I requested him to bring two witnesses and my father, he claimed that he was looking for two witnesses who would keep the matter secret for the time being, so that his wife would not know, because he wanted to inform her himself later.
Answer:
Marriage is not correct except with a guardian (Wali) and it is not permissible for anyone to marry a woman without a guardian from her paternal relations, in order of right, according to the lawful sequence. And marriage without a guardian is invalid and incorrect. This is proved by the Book (of Allah) and the Sunnah: Allah, the Almighty, the All-Powerful says:
"And do not marry Al-Mushrikat (idolatresses) till they believe (worship Allah Alone). And indeed a slave woman who believes is better than a (free) Mushrikah (idolatress), even though she pleases you. And give not (your daughters) in marriage to Al- Mushrikün till they believe (in Allah Alone).
and regarding the husband He says: "Do not marry al- mushrikat (idolatresses etc.)..." while regarding the wife, He says: "And give not (your daughters) in marriage to Al-Mushrikun (idolaters etc.)..." This proves that the wife may not indepen- dently give herself in marriage.
And Allah, Most High says:
"And marry those among you who are single (ie. a man who has no wife and the woman who has no husband) and (also marry) the Salihun (pious, fit and capable ones) of your (male) slaves".
and He says: "Give in marriage..." directing His address to the guardians regarding giving those who are single in marriage.
And He, Most High says:
"do not prevent them from marrying their (former) hushands, if
they mutually agree on reasonable basis."
and if it was not that the guardian was a condition, there would be no effect from his prevention. And the Prophet said:
"There is no marriage without a guardian (Wali)." And he said:
"A single woman (who has already been married) must not be married until she is consulted, and a virgin must not be married until her permission is sought."
They said: "O Messenger of Allah: How may her (i.e., the virgin's) consent be solicited?" He said:
"By her silence."
Based upon this, the saying of this man who achieved seclusion.
with this woman by this tack: "You are my wife," (is not correct)
and she is not by this saying his wife. Rather, there must be a guardian. As for announcing the marriage and proclaiming it, scholars are divided regarding it. Some of the scholars hold that it must be announced, while others say that its being witnessed is enough without it being announced.
Whichever it is, the claim of this man that the questioner is his wife is an untrue claim, without any foundation to it in the Islamic Law. Therefore it is incumbent upon this woman to contact her family so that they may prevent this man from her.
Source:
Ibn 'Uthaimin
Fatawa Islamiyah, Vol. 5 Pages 240-241-242-243
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