Can a girl get married without a wali (guardian) | Mufti Abu Layth

people write this thing about about marrying without a woolly okay Wally wears one he wears wall-e people with Wally we gotta play that game so a Wally is a guardian especially when it's to do with the girl okay so a father or somebody could be an uncle or it could be the grandfather but it's a male guardian now the question is so first of all let me tell you the rulings that the methods have the scholars how

they interpreted this then what does this whole discourse or basic cell phone and then let's take a look as some of those hadith on a separate note actually before we begin that I'll just highlight this is actually a very fascinating book it's an extraction of all the problem at all generally the problematic narrations of Imam Saudi somebody had asked me about Imams ovary as a narrator of hadith that dark put me has kind of extracted Imam dark would Nimoy dark me because he has a major book called his Raylan which is

in about 10 volumes I do have it right over there people right over there right over there people so and it's a major work he's also the same scholar that critiqued Sahil Bihari he was a major a legend in his time for for hadith criticism and hadith science is really so now this particular work has just focused on Imams ovaries narrations why because so much come to

us from him right now so as an example I mean this is not what I'm going to be looking at but as an example you will find let's say there's a section in here them into several sections but one let's say those are hadith which hadith malleability la fille Abdali is not camel Enfocus ollie so those which the chain is completely changed when it comes to afters or hurry after in mom's ovary so for example there's a famous hadith either something I had to come on Elmo

as a me at the shot had failure call me slowly this is from a Barrera that if any of you here is the magazine the person saying the other on then let him saying ash hadu an la illaha then let him repeat like what he's hearing now Zoe transmits this for Abajo this is transmitted by Abdul Rahman Ignis heart from Zoe who transmits it from side sizable Messiah from Abu Hurairah but yet in another narration it's transmitted from Zoe from apparently Aziz from Abu seasonal hoodie and dark Kootenai mentions that is the correct

one what was sorry okay now right and that is I believe transmitted by Imam Malik if I'm correct as well the correct one so but the point being nevertheless is that there was a full chain which was transmitted incorrectly so after Imams Oh hurry the chain which is Asahi chain from Syed enormous Ayub who is a dawn from Abu Huraira but this people somebody has got it wrong it wasn't even from these people it was from zouri from you had in this chain from Athaliah Zeid

from abu saeed in the hoodie okay so that's and it's got several examples I just quoted that is an example was this one I've got here this is just to show why because this is interesting that look there's another hadith and this is a popular one you guys might have heard of this I said that in laughs it entertain the Roger on our toll of Merlin that there is no jealousy except in two things you guys have probably heard of this Holly it's very popular that jealousy is only

permitted in two things one is in wealth that a person spends in the name of God and and one it mentions about knowledge or in some versions about somebody who recites the Quran now this is transmitted generally from once again with the famous chain from Zoe from Sayyidina Lucia from Abu Huraira but the correct version is that's actually a wrong chain yet that's how its transmitted the correct chain is dark only mentions is from Zoe from Selim from his father abnormal okay and then he goes through

the whole discussion here to kind of show where this hadith in all these different books where it appears and why but nevertheless I just thought I'll mention that that this is a fascinating book it comes in four volumes I did by earlier on this year but I am finding it quite fascinating I must say so it's called murattal Imam is Oh Harry Allah Allah so the narrations of Imam so hurry there are problematised and Ella I have

translated people I have bandanna cheese you know in in the like subcontinent culture when they start kind of saying when they want to kind of be humble they start overdoing it they start like saying you know like a happy year al Abdul happy the despised one akka the most despised has dunce you know when they try to say I've done it they will say all this instead of saying this humble servant or the somewhat L say the

most despised the most wretched the most crippled right so anyway so I've translated the term this thing of a little hadith which is a science as as hadith or textual pathology people so because an allure is a kind of like a disease or a kind of that's what it is like an illness okay so in a little hadith is like hadith or textual pathology or naira

toriel naira toriel pathology people and these ll are pathogens okay naira toriel pathogens maja sound so naira toriel right so let me put that D so what I'm gonna do is I'll explain what this this whole discussion is on a woman that once that is looking to get married does she need her Guardians present or her guardian Wally and then we'll look at what this is based on and the problems there so the the met helps the schools

and within Sunni Islam this is how they view this issue so the Hanafi method is very clear that a woman does not need and this is Imam Abu Hanifa by the way Imam Abu Hanifa should be more precise because his two fellow companions kind of betrayed him on this one right if I can use the term betrayal but Imam Abu Hanifa who was the true dawn and legend unlike I mean his two companions but he

Imam Abu Hanifa says that a woman does not need a wali okay he's very clear on this point this is Imam Abu Hanifa and other subsequent scholars like abu jafar at the how we support his view and argue in defense of it okay in his book shadow Maranatha amongst other works as well then you have the methods like the Schaffer a method and the humbly method they are very clear and like the Salafis today the Wahhabis and they are very

clear that a woman nikka without a wali without a guardian present is bottle bottle people bottle it's invalid if what not even life but bottle people is party so that's so you got on one side you've got Imam Abu Hanifa the other side you've got people like Imam Shafi'i you've got humbly met him right now the Maliki method is a bit

I feel unclear on this in its apparent reading it reads that it appears or it's presented let me put it like this this is a better way of putting it it's presented with this camp in saying that o Imam Malik also said that a woman's a woman cannot marry without her willy yet uh-huh you see right so yet in the Madonna and this is quoting from

them down as well this is as urban Metairie metabee Malik this was written by Bizet Delhi Ronnie the legend also called young Malik in defense it's called in defense of the Maliki method or the method of Malik now you see you will find a quote from Imam Malik where he is asked so he's asked that what do you say about the opinion of Malik film our artwork hello rajala rajala narrator Willie and I opted in Makaha anyway speaking about what do you say about this a woman who doesn't get a Willie

she gets another man to say can you just read my Nika or about the slave woman who does this or so on no well unknown and this is the quote you see and this is in the middle one as well the one Elmer uttered Anita will fakira that a poor woman or a woman that is of low status now this is interesting I'll come back to this point at the me add the wanderings of low status is that the Soviet beer ad religion funny careful humor Jamia Anja is what do you have to say

about that okay so he then goes on to say that look he even is a doesn't support that by the way but that's in the madonna of imam malik it's by evening costume hence he's addressing it here and he goes on to say that you know for farah cabina hanya t well fati rafael hokum Balad the lilamon kitab IAM well as son noah each ma he says that you know this distinction was made between the rich woman and the poor woman without any evidence from the Quran or son and so on

and then he kind of goes on to say look right sometimes confusing it appears to be that Imam Malik sometimes seems to be saying this sometimes seems to be saying that and so on nevertheless let's get back to the point you see Imam Malik seems to make a distinction now this distinction is important because on one hand he seems to be in line with these like the chef at ease and these people saying that no a woman cannot get married without a Wally but then he says when he's asked about a woman who let's say is of lowly status now by the way some people have interpreted as on a tangent I want to mention this here some

people have wrongly interpreted that and I will highlight that they've said things like like in the shuttle Kebede and you'll find a few books that they wrongly even see the aphids are rope and other people disappear and all these people they some of them have said who is that who can a woman of low status be who and some of them have said things like all converts or or Musclemania or they've said who doesn't have a lineage or wealth or who is

beautiful or they've said a black woman now I just want to clarify and condemn that that statement is wrong right that was never said ever that was not a statement of Imam Malik this was hundreds of years after Imam Malik right Imam Malik in his model when I just says the word Donita which is somebody of lowly status he says that she doesn't need a Wooley now people like see the Ahmed sorrow for these other people they come like five you're talking and some of them between six hundred years after

in my Malik to whether it's gonna be eight hundred to a thousand years after Imam Malik some of these people commenting on this writing these things that is racist it is wrong okay so whatever is wrong we condemn it and that was not said by Imam Malik just to be very clear he did he did say a Denis uses the word Donita which means lowly status now these people later on in their time they're saying who has lowly status o Musclemania you know convert has lowly status or this has lowly status that's their interpretation being superimposed but now let's come back to because the reason I'm saying

that is it's important you see this just shows that somebody you know like people said to me Oh like why do you condemn this hadith as problematic the one of the age of Aisha being six when the scholars in the past didn't have a problem with it but we have to understand that a lot of the these scholars in the past that they're looking at from the medieval age they had many outlooks on life which we would condemn and many of them did have racist outlooks on life as well so we would condemn that as well so you know so just

to be clear that even these people who criticize me for saying that look you know you are being critical of this hadith but even a higher and all these people who came afterwards accept this hadith of the age of Aisha being six and you say it's not acceptable but Oh most of those scholars if you look in their works they will also have racist tendencies and they will see as absolutely normal like they won't see that as they are even discriminating they will just take it as a given like yeah of course black people are down there now that they'll see that as just like I'm not being racist that's just a fact

they will think of it as a fact so just because scholars have said it doesn't make it correct okay so it's not from Allah it's not from his messenger it's not from the floor on Osuna and it's not even in that case from the selleth this is from scholars of the medieval age right so just putting that aside coming back to this point the reason Imam Malik distinguishes this it's important why because it shows us why the wali was important in their eyes the Guardian was important because it was all to do with status in society it wasn't actually

something to do with a divine commandment from God it was more about not breach about not breaching the peace not having kind of social discord or disunity you ought to kind of keep maintain a social cohesion so in this society they felt if a woman was to get married like this it's gonna cause problems so they said it was necessary now that's not so clear in like the other people's views but in imam alex v when he made this distinction in saying

well if a woman didn't really have that kind of a status in make it's no big deal it showed so ha so it's not actually from allah or his messenger because if it was then it would apply to everybody regardless that's an important point people and by the way this is what you find I can't actually see any comments by the way let me just see oh all right so that might be because

all right I don't know what I've know but I didn't actually do anything so I don't know how that happened so nevertheless coming back to this point right so I can't seem for some reason I can just see who's watching but I can't see the comments and I'll confusing confusing confusing confusing let me just press this see what does that do not

anyway right let's get back to this point now I want to take a look at a hadith now most people will tell you that there are several a hadith to say that a woman cannot marry without her guardian Larnaca ha Allah be Willy this is one book for example that is dedicated to this entire topic I mean among several others this particular one attack equal jelly lay hadith Larnaca hey lovey Willy now what's interesting is this hadith of there is no nikka

except with a bully is transmitted from several companions although all of these chains are problematic and I will come to that point in just a moment but before I do I want to highlight some of the discrepancies some of the issues that people have been transmitting for centuries on end right now for example this hadith is transmitted for example by al Hakim in his most Adric I wanted I'll hack him and me suppori in his mustard rock he brings the hadith

Larnaca Allah be willing and then he says that for a sahaja human hadith they shall be musa al-ashari so these two people are shown abu musa al-ashari and you realize that these are the only real chains in this whole chapter from aisha radi allahu allah and from abu musa al-ashari and they have problems but I'll come to that in a moment but then he says fulfil Bob and in this chapter we have hadith from this is al al Hakim writing from ali radiya llahu on from abdul like numbers Mahadevan jebel i'm

do like no mark Abu Saleh fari McDonald s word Abdullah venomous Road jabbering Abdullah Abu Hurairah ironic now saying up the Lightning Armour miss Rama Rama and i said 'no malik and then so that i've can't 13 says what a thorough Hasani huh okay general a bit of a black eye no problem no problem but so he brings 13 people now these rewire come from this these other narrations coming people will

present narrations from omnipotent hot Bob and other people this these issues with a lot of these but the point that I'm trying to get to half he didn't Hodja it is stated so people start transmitting from half they live in hydrological Ernie when he's commenting on this in his notes in his amali upon the most ethical hacking so people transmit who come off tape Naja transmitted his words where he says well Phil Bobby and I leave Nepali what knob us some Masada Thomas Athena Sahab Ian

that he transmits 30 companions 33 zero that it says the word Salafi nur Sahab Ian now there's a big problem here because that is not true okay now everybody starts to this thing what even a Hodja wrote everybody does kind they kind of copy and paste what he said here that the al-hakim then goes on to mention 30 what he meant to say was 13 Salah Siddhartha but he said to sell a theme now you'll see people like show

Connie transmit that statement from him some honey transmits it from him you'll see Kotani in his not more not than a seer you see Kotani writes a book about motiroti hadith and these have been transmitted by so many people he transmits this statement of him Roger 30 companions sailor right now sorry and you get other people transmitting this now the truth is that that was actually a mistake because there are not 30 people that have actually kind of

said that okay so it's 13 right okay now now the problem with all of these chains that have come not a sink you'll find that all of these are the Companions that they quote whether it's going to be from Abu Huraira or whether it's going to be from I'm gonna blow hot Bob all of them are massively problematic okay massively you'll find first of all they're not even they just a lot of them are not even had eat they just statements like so for example somebody said to Omar like get up and marry her off to so-and-so so they're using that as a

Delisle as well that why did they say - Omar why didn't they just do it themselves but that's not a decisive that could have just been by choice they could have just said you know do this he didn't mean that so it's not actually clear statements just to make that clear okay a lot of these are like that a lot of them are more goof so they're not actually from the Prophet they just companion saying their opinions however that the the two narrations that can stand some white the two that come down are from abu musa al-ashari which is transmitted from his

son Abu Buddha now this is the hadith that tirmidhi brings and he he kind of like goes on and and supports and he does highlight the Easter laughs in it the issue with this hadith the issue with this heavy fist or and the other one is to do with aisha so these two chains we're gonna look at this very quite briefly i mean not too much depth is that this hadith of abu musa al-ashari is transmitted right you've got this through certain chains one is by abu ishaq and it's a popular in relation this the problem with this

chain is many people are transmitting this hadith like legends who are greater than a Lewis hawk-like shopper Sophie Anatole they say that this hadith does not actually go to Abu Musa it's his son abou Berta saying directly from the Prophet which makes this chain broken okay which means that you can't actually rely on me okay this is one of the key issues that abu jafar after how he relies on when he's refuting this

whole chapter abu jafar at the how he says that look listen you guys are presenting these a hadith and the truth is that these hadith from abu musa al-ashari major forefather amirul mumineen a legends of hadith to transmit the same hadith do not even mention him in the chain it stops with his son Buddha and he is not idiot he does not take from the Prophet so this chain is incomplete okay so that is one of the key problems you have straight away with that chain and I know people will say

that some people have accepted it of course they have but what I'm trying to show and I know here you see like they're gonna shout bow Hardy's comment now bow Hadees comment when he was discussing this with most likely Tirmidhi who does who transmits it he says that when he was asked about this hadith from his Rahil from it's an obvious Hawk from a Roberta from his fatherland can i elaborate he said look I know it's got some extra name but we'll accept it even though Shaban sorry

say it was not a complete chain but he says look like it's okay we can still go with it that's following that his choice I'm not saying that but the truth is that Shah Baba is called amirul mumineen aful hadith he said this chain was not connected sophiana thodi who's once again greater than a voice harp and and these people is saying that this chain is not connected so you have okay now this other chain that we have

dark Utne brings this in when critiquing Zoey's hadith why because he says dark Kootenay was asked about the hadith of a promise a year from Abu Hurairah Latin Kalmar Allah be fully that a woman is not married except through except with her guardian present he says this this chain from sighs from Zoe from Sahib no Messiah from a Barrera is wrong it ought to be that Zoe from Ottawa from Aisha okay this is how the chain ought to be now what's interesting

people this is an interesting point that this he goes on to bring several other dark Kootenai goes on to bring several chains to support this and he shows that who has transmitted this hadith so he will go on and say look from side enormous am from Abu Hurairah this is transmitted by tabarani who transmits it on ribbon okay who else transmits its solemn and even our thumb so on ribbon a face Aleman even a arkham and then he mentions that there is an extra now this is an important point there is an extranet an adage in addition in that hadith that

says Lanica high level ii a woman cannot get married except with a wali washa he they Idol and two witnesses the interesting thing people this hadith of two witnesses right only is brought by by by this chain that you'll see that this thing of if not even mentions the [Music] that this liar say who physically Shaheen Raider hard Elphaba okay so

you'll see this thing of that there must be two witnesses present is only valid in one single chain which is an interesting point since it's you know accepted by almost everybody and it's based on a very weak kind of chain I find that quite fascinating and that's why the Maliki madam said that witnesses are not necessary for a Makar to take place simply an announcement is made because it's not proven from the Prophet anyway that he said witnesses

were present that this hadith that we have of Solomon in our pan that Lanica Allah by Wally has the far road in it now just highlighting some points here although this hadith is transmitted in many books of Lanica elaborately from Aisha coming that she mentioned this haughty birth daddy brings a very happy amazed even abhi Scheib of the Huether medina sir e-even he pan this up to in fact 21 people transmitting it all of them going through zoe going through so hurry this is important even at your age

is the one who is taking it before him now even at your age from Solomonic know moosa from Ignace you have now what's interesting this is the point i want you to focus on imam ahmed brings in his must note that from a smile Abner Alania that from ignite your age who says that Solomon did know Musa told us this from zaharie if not your age says then I met so hurry now this is an important point because the Hanna Thea use this as a Delisle and those people who say a wali is not necessary because the first remember I said this whole thing is based on two hadith one of Abu Musa

which many scholars like short bursts of the an authority said was not a connected chain the other on Aisha from Ottawa from Aisha now the interesting thing is that Zoe who transmits this and from him Solomon ignore Musa ignore age says that he takes this hadith from them he says I met Zoe which he does meet him he says I asked him about this hadith for sale to who and hadal hadith follow me are you fool he himself didn't know it so hurry himself who is the

transmitter of this hadith so many people are transmitting it from him even at your age says when I asked him about this hadith let me add if you he himself didn't know it this was one of the key reasons that many scholars abandoned this hadith and narration from of Aisha through Zhu Li because they said that this was the only strongest chain that they had and this was the only chain that is coming through immature age from Zuri that

mentioned to witnesses is also necessary and this is the chain regarding which regarding which even high band said that liya say who physically Shaheed aim high Rojas and hubba this was the only one that we had sound where it mentioned two witnesses but even a George himself is saying although Solomonic know Moosa told me that Zoe said this from or were from Aisha but when I met Zoe he himself did not know this narration and Zoe himself is one of the scholars that

gives the fatwa that a woman can get married without a worry so you can see people that this was the key now there was a lot of kallab like the names I mentioned before by the way the people that transmit this some of the people earlier on from the other chain on ribbon a face the unacceptable Salomon if the outcome is considered metrical hadith rejected by this one of even zaharie from Ottawa from Aisha Suleiman even a Moosa right even Nessa he said

about him he is unacceptable he's not strong in hadith he said his hadith problematic about hot him said the Haditha or fear Haditha he Bardo lit the Rob's here is hadith contradict themselves at times even ID mentioned he that he mentions hadith which nobody else transmits at time so there were issues with this nevertheless but my point being I want to just put that down for now my point being that this whole chapter and if you look at this we were going from this thing of some people like Al Qahtani in his book not more Moton acid he's saying this is water

water this hadith is so well distributed that it's certain knowledge it's like knowing that China exists this is how certain this knowledge is but upon analysis and dissection we come to find the first of all none of these chains can even stand any decent rigorous kind of analysis apart from to which was from abu musa al-ashari and from Aisha the problem with abu musa al-ashari

chain is those who transmit it those who transmit it that were known as amirul mumineen aful hadith like Shaba and sofiane they themselves say that this is not from abu musa but his son Abu Buddha is transmitting it as a broken chain from the Prophet so with that that chain drops people then you have the other one of Asia and this chain of a share of the Aloha is the only one standing and that comes through or WA through Ignatia hub from him Solomon in the Musa who

necessary says is unacceptable who other people are problematized coming through immature age and then from up to 20 people transmitting it but even at your age himself saying when I may even as she have been asked him even as she herb himself did not know this hadn't and his own fatwa was that this is permissible so with that we can conclude that forget motor water forget motor what in this hadith is not even sorry okay

and other people may challenge that understanding they may say we want to accept the fine accepting but you can't critique those people who don't accept it because they have a firm stance a firm foundation to build their understanding so that was the hadith a discussion on why there is not a single undisputed categorical conclusive hadith sorry I'm sorry ax right without criticism on that a woman must have a guardian to conduct Anika okay so it is

so based on that people it is not necessary for a woman to have according to the Quran and Sunnah or an and Sunnah clearly right now that said I would say I would like to follow up now from a so we've got that clear that you know from the clear sources we know that okay from the Quran and Sunnah the Quran can be interpreted either side so there's some verses which show that a woman can marry herself so for example when the diverse about the lock and it mentions that

katenka has o generator until she marries TennCare so generator so some verses imply this some verses imply that oh when you are marrying them off so the Quran can be interpreted either way it doesn't speak clearly on this matter one thing we know for sure is that women were independent generally on several matters and in some things it was a patriarchal society unquestionably now there is a hadith Abu Jafar at the how he brings that I shared a love and her marries her niece off who is Abdul

Rahman's daughter her name was Hafsa so her brother Abdul Rahman was away on a journey she marries her off Abdul Rahman comes back and is quite upset actually that how come you know you don't wait for me and you didn't ask me and she says that if you want I'll cool it off like I mean I mean we can you know if we want we can end it and he says no like don't be saying why why would we do that the interesting point is nobody says that it's invalid so I Shah is clearly not a man marrying off her own niece here so that is one of the main evidences so from this one now we find nothing conclusive we find

doubtful narrations either side one thing we can understand is so we can put we've got the schools of law the Hanafi school or imam abu hanifa Zuffa you've got scholars like shabby as oh hurry you've got Saffiano thorry and I would say Imam Malik as well okay in this camp that don't believe that this is a necessary condition and then you've got other scholars like Imam Shafi and Ahmed even humble like I said people may try to put Imam Malik in that camp but when you look at his what was I presented it shows that he clearly understood this

was more a social thing and not a divine matter from God so now I would like to say well look that all said people need to take social their social reality into consideration I would advise that always it is always a that it's always important to have your Guardians involved okay I will advise that it is always important to have them involved where it is so long as it is actually possible I think people shouldn't embark on just

these kind of these very secret kind of marriages and things like this I I think these things most often lead to more problems than not so that is my advice I'm not advocating things like that I am advocating stating that we do always have your family involved because family will always it will give you some credence it will give you some support and having that completes the ceremony for you as far as it being meaningful okay counts so that's what I would advise the other

thing is that what if the parents do not allow the marriage then I would say look I would say look it still depends if it's something totally stupid like they're saying the only reason we're not allowing this relationship is because of something like caste for example which many people surprisingly still do I would say things like that are ridiculous and it's your choice it's your life is Lama CLE you are entitled to conduct Anika if they're not saying objecting to things like that they're objecting to matters which are actually

make sense like wait a minute how will this person even support you how will you embark on this relationship the person you know he doesn't seem legitimate or he's involved in crime or he's involved in this then I think their concerns are 100% genuine and well-placed and you know quite often you will find that matters will unfold as they advise the things just mess up so I would say look maybe take their advice if it's like that because it's not a fairy tale it's not just Bollywood you know you're not just gonna sing a few songs and

that's life done for you so I would say it is your call ultimately it is your life and you will have to live it Islam kind of leaves things it's not God what God is saying but I would say that there is some sense it is always I'll always advise to have family involved so long as it is actually possible okay so cool people I think that kind of answers that must Allah which I think a lot of people have asked that must a woman have a woolly prison one thing we have seen that there is not a single sahi sari hadith

that can stand the test of criticism that is uncritical