Marriage Section · 20 – The Necessity of a Guardian for Marriage
Aisha (may Allah be pleased with her) narrated:
The Messenger of Allah (peace and blessings upon him) said three times, "Any woman who marries without the permission of her guardians, then her marriage is invalid." He also said, “If a man has contact with a woman, he must give her a dower due to that contact.” And if there is disagreement among the guardians, then the guardian of one who has no guardian is the ruler.
2084 – Narrated Aisha (may Allah be pleased with her):
The meaning of a hadith that passed from the Messenger of Allah (peace and blessings upon him) was related.
2085 – Narrated by Abu Musa (may Allah be pleased with him):
The Messenger of Allah (peace and blessings upon him) said, “Marriage is not valid without the permission of the guardian.”
Urvah ibn Zubayr, may Allah be pleased with him, relates from Ummu Habiba.
Ummu Habiba was married to Ibn Jahsh until his death. Ibn Jahsh was among those who emigrated to Abyssinia. The Negus (the ruler of Abyssinia) had her in his presence when the Prophet, peace and blessings be upon him, married her.
**Explanation:**
The husband of Ummu Habiba, may Allah be pleased with her, was Ubaydah ibn Jahsh ibn Riyah. He is the brother of Zeynab bintu Jahsh, who is a member of the Prophet’s family. He emigrated to Abyssinia with his wife and became Christian, dying as a Christian. Ummu Habiba remained a widow. The Negus paid her dowry on behalf of the Prophet, peace and blessings be upon him. Amr ibn Umayyah al-Zamirri performed the marriage contract, for the Messenger of Allah, peace and blessings be upon him, had sent Amr to Abyssinia to perform this duty. Since the ruler of Abyssinia was the Negus, Ummu Habiba’s marriage is attributed to him. (From *Mealim al-Sunan wa Avn al-Ma'bud*)
It should be remembered that Ummu Habiba is the daughter of Abu Sufyan, who at that time had not yet embraced Islam. When her husband became Christian in a foreign land, she must have experienced great disappointment as a woman. It was to comfort this afflicted woman that the Messenger of Allah, peace and blessings be upon him, married her. Since a disbeliever cannot be a guardian for a believer, her guardianship was held by her maternal uncle Khalid ibn Sa’id ibn ‘As instead of her father, Abu Sufyan. According to Imam al-Azam, if a woman marries someone equal to her in status with two witnesses, the marriage is valid even without a guardian. According to Imam Muhammad, the contract is suspended until the permission of the guardian is obtained. Malik ibn Anas said: Noble women are married by either their guardians or the sultan. The Shafi’is say that the marriage must be performed by a guardian.