Scholars have debated whether an adult woman may contract her own marriage without the oversight of a guardian (wali). Traditionally, when a woman marries, her wali supervises the marriage contract negotiations with the prospective groom, ensuring compatibility and safeguarding her interests. This guardian is typically her father, though in his absence, the responsibility may pass to her grandfather or other male agnate relatives. When no family guardians are available, this authority transfers to the magistrate. Scholars however differ significantly in their interpretation of whether such guardianship constitutes a legal requirement or merely a recommended practice. The Hanafi Position Within the Hanafi school of jurisprudence, scholarly opinion has evolved through careful deliberation. The relied-upon position, championed by Imam Abu Hanifah, permits a woman to contract her own marriage independently as he deemed she is selling her vulva for the mahr - given she can generally trade without anyone's consent, she can do this trade in a similar fashion. This ruling applies regardless of whether she is a virgin or previously married, and irrespective of the compatibility between herself and her chosen spouse. However, Hasan ibn Ziyad transmitted an alternative view from Abu Hanifah, which validates such marriages only when compatibility exists between the parties.[1] Qadi Abu Yusuf's position purportedly underwent three distinct phases of development. Initially, he considered all marriages contracted without a wali to be invalid without exception. He subsequently retracted this view, adopting the position that such marriages were valid only when compatibility existed between the spouses, but invalid otherwise. His final position aligned with that of Imam Abu Hanifah, accepting the validity of self-contracted marriages in all circumstances.[2] Imam Muhammad initially employed a more nuanced approach through his legal reasoning. He concluded that when a woman married independently, her marriage contract would remain suspended until her wali either ratified or annulled it. Should the wali determine incompatibility between the spouses, he possessed the authority to dissolve the contract.[3] However, if compatibility existed and the wali unreasonably refused to consent, the magistrate would assume responsibility for administering the contract.[4] Historical accounts suggest that Muhammad later retracted this position, ultimately adopting the same stance as Abu Hanifah and Abu Yusuf.[5] The Hanafi School's Supporting Evidence Imam Abu Hanifah grounded his position in evidence drawn from the Quran, the Sunnah, judgements of the Companions, and juristic reasoning from commercial transactions. From the Quran, three principal passages support this view. The first evidence appears in Quran 33:50, where Allah states: "A believing woman may offer herself to the Prophet in marriage." This verse describes a woman contracting her own marriage without any mention of guardian involvement.[6] The second reference is found in Quran 2:230: "If he divorces her, she is not lawful for him until after she marries another man." Here, Allah attributes the act of marriage directly to the woman without stipulating guardian participation, declaring "until after she marries another husband."[7] The third Quranic evidence comes from 2:232: "If you divorce your wives and they reach the end of their term, do not stop them from marrying their husbands again when they consent in accordance with what is right." This verse provides evidence in two ways. Firstly, it again attributes the act of marriage to the woman without mentioning her guardian. Secondly, it prohibits the wali from preventing her remarriage, which demonstrates that women possess independent marriage rights. This prohibition operates on the legal principle that forbidding an action necessarily implies the possibility of that action occurring, otherwise the prohibition would be meaningless.[8] From the Sunnah, two primary narrations support the Hanafi position. The first, transmitted by Ibn Abbas, records the Prophet saying: "A single woman has more right to her person than her guardian." The term "al-ayyim" encompasses any woman without a husband, whether virgin or previously married.[9] The Hanafis consider this narration more authentic and reliable than those cited by opposing schools, making it preferable when reconciling contradictory reports.[10] The second narration, also from Ibn Abbas, quotes the Prophet as saying: "A guardian is not entitled to the matter of a woman who was already married." Both narrations explicitly establish a woman's right to marry without guardian intervention.[11] The Companions' judgements further support this position. Historical accounts describe a case where a woman married off her daughter without the wali's consent. When the guardian brought the matter before Ali ibn Abi Talib, he upheld the marriage despite the absence of guardian involvement. From the perspective of legal reasoning, the Hanafis argue that a mature woman should possess the right to conduct her own marriage as an exercise of her personal rights. Maturity encompasses sanity and the competent management of her legal affairs. Since these characteristics grant her the independent right to conduct financial transactions, they equally establish her right to choose her own husband.[12] The Shafii and Maliki Schools' Position The Shafii school maintains that guardian involvement constitutes a validity requirement, rendering any self-contracted marriage invalid. Imam Malik reportedly held the same view.[13] The Hanbali school's opinion differs slightly in formulation but reaches the same practical outcome, employing similar supporting evidence. The Hanbali School's Perspective Hanbali jurisprudence encompasses two opinions regarding guardian requirements. The first considers the wali a prerequisite, preventing any marriage from occurring without one. The second maintains that guardian involvement is not essential. Mardawi indicated preference for the first opinion, though the second applies specifically when no wali or governor is available to conduct the marriage. According to the preferred view, marriages contracted by women independently, or through non-guardian representatives (even with the wali's permission), remain invalid.[14] Evidence Supporting the Three Schools The Shafii, Maliki, and Hanbali schools support their position through evidence from the Quran, Sunnah, and Companions' actions. Their Quranic evidence includes the same verse cited by the Hanafis (2:232), though interpreted differently. They argue that Allah's command to guardians not to prevent remarriage demonstrates that guardians, not women themselves, conduct marriages.[15] They also cite Quran 24:32: "Marry off the unwed among you, and also the righteous of your bondsmen and your bondswomen." This verse commands guardians to arrange marriages, with "al-ayama" referring to all unmarried women. This demonstrates that guardians, not women themselves, possess such authority.[16] Three primary prophetic narrations support their position. Abu Musa al-Ashari transmitted: "There is no marriage except with a guardian."[17] Aishah reported: "Any woman who marries without the consent of her guardians, her marriage is invalid."[18] Abu Hurayrah narrated: "No woman should arrange the marriage of another woman, and no woman should arrange her own marriage. The adulteress is the one who arranges her own marriage."[19] These narrations explicitly prohibit women from contracting marriages without guardians. Most Companions supported this view, including Umar ibn al-Khattab, who rejected a marriage arranged by someone other than the wali and punished the arranger.[20] Hanafi Responses to Opposing Evidence The Hanafis raised several objections to the evidence presented by the other schools. Regarding Quran 24:32, they argue that Allah addresses guardians rather than women because social custom dictated reliance on guardians for marriage arrangements. Women generally avoided this responsibility because it required entering male gatherings to seek compatible spouses, which society would consider inappropriate.[21] This does not preclude women from contracting their own marriages, but rather reflects general practice. The verse therefore expresses preference rather than obligation. Concerning Aishah's narration, the Hanafis note that she herself arranged her niece Hafsah bint Abd al-Rahman's marriage during her father's absence. When a narrator's practice contradicts their narration, it weakens the report's authenticity. Additionally, one narrator, Imam al-Zuhri, reportedly rejected having transmitted this hadith when confronted with it, further undermining its reliability.[22] Even if accepted, the word "imraah" could be interpreted as "bondwoman" based on alternative versions. Regarding Abu Musa's narration, the Hanafis argue it does not negate marriage validity entirely, but rather indicates deviation from the preferred method. The Hanafis consider guardian involvement preferable but not legally required.[23] Counter-Responses from the Three Schools The other schools responded to these objections comprehensively. Concerning Aishah's narration, only Ibn Ulayyah among hadith scholars mentioned Zuhri's rejection, indicating lack of unanimous criticism. Even if Zuhri rejected it, many others transmitted it from him. Another response suggests that Aishah's practice did not contradict her narration. She merely suggested a dowry and arranged preliminaries, whilst an agnate relative conducted the actual marriage contract. The marriage was attributed to Aishah because she facilitated it.[24] Regarding Abu Musa's narration, they argue it cannot refer to mere imperfection because this contradicts the apparent meaning. In negation contexts, the apparent meaning indicates complete negation of reality, which in this case means legislative prohibition.[25] Conclusion The imams of the four schools have presented compelling evidence supporting their respective positions. The Hanafi position appears the weakest [1] Badayi al-Sanayi, 2:368-369. [2] Ibid. [3] Ibid. [4] al-Mawsuah al-Fiqhiyyah, 41:250. [5] al-Hidayah, 3:28. [6] Badayi al-Sanayi, 2:370. [7] Ibid. [8] Ibid. [9] Ibid. [10] Athar al-Ikhtilaf, 511. [11] Badayi al-Sanayi, 2/370. [12] Ibid., 2:370-371. [13] al-Mawsuah al-Fiqhiyyah, 41:247. [14] Ibid., 250. [15] al-Umm, 6:32. [16] Badayi al-Sanayi, 2:369. [17] Ibid. [18] al-Umm, 6:33. [19] Athar al-Ikhtilaf, 510-511. [20] al-Umm, 6:34. [21] Badayi al-Sanayi, 2:371. [22] Bidayat al-Mujtahid, 4:219. [23] Athar al-Ikhtilaf, 512. [24] al-Muntaqa, 5:226. [25] Sharh al-Zarkashi ala Mukhtasar al-Karkhi, 5:17.