MARRIAGE WITHOUT WALI (GUARDIAN) :-

MARRIAGE WITHOUT WALI (GUARDIAN) :-
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A women cant do marriage without wali. A man does not have to have a wali at the time of the marriage contract, rather the man is the one who enters into the marriage contract by himself. It is the woman who needs to have a wali.

Abu Musa narrated that :

the Messenger of Allah said: “There is no marriage except with a Wali.” (Sahih)
SUNAN TIRMIDHI (Vol. 2, Book 6, Hadith 1101)
ABU DAWOOD (Book 11, Hadith 2080)

Aishah narrated that:
The Messenger of Allah said: “Whichever woman married without the permission of her Wali her marriage is invalid, her marriage is invalid, her marriage is invalid. If he entered into her, then the Mahr is for her in lieu of what he enjoyed from her private part. If they disagree, then the Sultan is the Wali for one who has no Wali.” (Hasan)
SUNAN TIRMIDHI ( Vol. 2, Book 6, Hadith 1102)
ABU DAWOOD (Book 11, Hadith 2078)

THE MARRIAGE CONTRACT MUST BE WITNESSED BY WALI,TWO WITNESSES.

Prophet (peace and blessings of Allaah be upon him) said: “There is no marriage contract except with a walee and two witnesses.”
TABARANI (SAHEEH AL-JAAMI 7558)

Prophet (peace and blessings of Allaah be upon him) said:”No marriage contract can be concluded without the presence of a Wali. A Sultan (authority figure) can act as a Wali for those without one.”
IBN MAJAH (HADITH 1880,SAHEEH AL-JAAMI 7556)

THE CONDITIONS OF THE WALEE ARE AS FOLLOWS :-
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1) He should be of sound mind.

2) He should be an adult.

3) He should be free (not a slave).

4) He should be of the same religion as the bride. A kaafir cannot be the walee of a Muslim, male or female, and a Muslim cannot be the walee of a kaafir, male or female, but a kaafir can be the walee of a kaafir woman for marriage purposes, even if they are of different religions. An apostate (one who has left Islam) cannot be a walee for anybody.

5) He should be of good character (‘adaalah – includes piety, attitude, conduct, etc.), as opposed to being corrupt. This is a condition laid down by some scholars, although some of them regard the outward appearance of good character as being sufficient, and some say that it is enough if he is judged as being able to pay proper attention to the interests of the woman for whom he is acting as walee in the matter of her marriage.

6) He should be male, as the Prophet (peace and blessings of Allaah be upon him) said: “No woman may conduct the marriage contract of another woman, and no woman can conduct the marriage contract on behalf of her own self, because the zaaniyah (fornicatress, adulteress) is the one who arranges things on her own behalf.
IBN MAJAH (HADITH 1782)

7) He should be wise and mature (rushd), which means being able to understand matters of compatibility and the interests of marriage.

8) The woman’s guardian is her father; then her paternal grandfathers, no matter how far the line of ascent reaches; then her son and his sons, no matter how far the line of descent reaches (this applies if she has a son); then her (full) brother through her father and mother; then her (half) brother through her father only; then their sons, no matter how far the line of descent reaches; then her paternal uncles; then their children, no matter how far the line of descent reaches; then the father’s paternal uncles; then the ruler.
(AL-MUGHNI 9/355)

RULING ON WALI REFUSES COMPATIBLE SUITOR REPEATEDLY ? :-
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If the wali repeatedly refuses the proposal of a compatible suitor, he is to be regarded as preventing the marriage of the female relative under his care, and his guardianship is thus rendered null and void, and that right is transferred to the next closest relative on the father’s side.

The compatibility that counts here is compatibility in religious commitment. There is no difference between an Arab and a non-Arab, or between black and white, except in terms of taqwa (piety).

Some of the fuqaha’ listed other conditions of compatibility, such as lineage and so on. The fact that the suitor is a teacher and you are a (university) tutor does not mean that he is not compatible with you, so long as he is of good character and religiously committed, and he is comfortably off in material terms.

SHAYKH IBNE UTHAYMEEN SAID :-
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If the wali refused to let a woman marry a man whose religious commitment and character are good, then guardianship passes to the next closest male relative on the father’s side, then the next closest and so on.

If they refuse to arrange her marriage, as usually happens, then guardianship passes to the qaadi, and the qaadi should arrange the woman’s marriage. If the matter is referred to him and he knows that her guardians have refused to arrange her marriage, then he should do that, because he is the wali in cases where there is no specific wali.

The fuqaha’ (may Allaah have mercy on them) stated that if the wali repeatedly refuses marriage proposals from suitable men, then he is a faasiq (evildoer) and is no longer regarded as being of good character or as being a wali, rather according to the best known view of the madhhab of Imam Ahmad, he also forfeits the right to lead prayers and it is not valid to offer any congregational prayer behind him.

This is a serious matter. Some people, as we have referred to above, refuse offers of marriage from compatible men, but the girl may feel too shy to come to the qaadi to ask for her marriage to be arranged. This is something that does happen. But she should weigh the pros and cons, and decide which has the more damaging consequences, staying without a husband and letting her wali control her life according to his mood or his whims and desires, and when she grows old and no longer wants to get married, then he will arrange her marriage, or going to the qaadi and asking him to arrange her marriage because that is her right according to sharee’ah.

Undoubtedly the second alternative is preferable, which is that she should go to the qaadi and ask him to arrange her marriage, because she has the right to that, and because her going to the qaadi and his arranging her marriage serves the interests of others too, because others will come just as she has, and her coming to the qaadi will serve as a deterrent to those who wrong those whom Allaah has put under their care and prevent them from marrying compatible men.

Abu Hatim Al-Muzani narrated that:
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The Messenger of Allah said: “When someone whose religion and character you are pleased with comes to you then marry (her to) him. If you do not do so, then there will be turmoil (Fitnah) in the land and discord (Fasad). If you do not do so, then there will be turmoil (Fitnah) in the land and discord (Fasad).” They said: “O Messenger of Allah! What if there was something about him?” He said: “When someone whose religion and character you are pleased with comes to you then marry him.” (And he (pbuh) said this) three times.
SUNAN TIRMIDHI (Vol. 2, Book 6, Hadith 1085)