131: There is no marriage without a guardian

A woman who gives herself in marriage to a man is not lawful for him. They are both to be punished if he has violated her, unless the marriage is performed with a guardian, two just witnesses and a dower [1].

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NOTES

[1] The Messenger of Allah (sallallaahu alaihi wa sallam) said, “ There is no marriage without a guardian.” Reported by Ahmad, Abu Daawood (Eng. trans. 2/558/no.2080) and at-Tirmidhee. Ibn ‘Abaas (radiallaahu anhu) said, “There is no marriage except with a guardian advising and two just witnesses.” Reported by al-Baihaqee, ash-Shaafi’ee in his Musnad and al-Baghaawee in Sharhus-Sunnah (9/45).

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