[1] The Ruling On Marriage Without a Guardian – Imam Abdul Aziz bin Baz

بسم الله الرحمن الرحيم

In The Name of Allah, The Most Merciful, The Bestower of Mercy.

The Imam, may Allah have mercy upon him, was asked: We have what is referred to as the ease of the marriage contract, which is the agreement between the spouses regarding the dowry, and the presence of two witnesses without the permission of the guardian; either due to his absence or without his consent. Is this contract considered correct (valid)?

The answer: It is not correct (i.e. not valid). There is no marriage except with a guardian. He (the Prophet), peace and blessings of Allah be upon him, stated in an authentic hadith: “There is no marriage except with a guardian.” Therefore, neither can a woman marry herself off nor (given in marriage) by others. There has to be a guardian for marriage. A marriage (requires) the presence of four people: the guardian, the husband, and two witnesses. This is the Shariah marriage. The guardian is the closest male relative to the woman: her father, then her grandfather, and descending in lineage on the male line; then her son, and then her grandson, descending in lineage on the male line. Next in line is her full brother, then her half-brother, and then the remaining closest relatives.

There has to be a Wali (Guardian) and that he is a Muslim known for goodness and justice as much as is possible. If it proves difficult (to get some who is known for goodness and justice), it is permissible (i.e. to be the guardian due to being one of the close relatives) as a Muslim, even if the person is not a just person. The goal is that there has to be a guardian, and two witnesses who are known for their goodness and trustworthiness. The husband is the one in need (or making a request), while the guardian gives (the woman) in marriage by saying: “I give to you in marriage so-and-so, daughter of so-and-so, or his sister”, or similar statement.” The husband says: “I accept,” and the witnesses attest to this.

As for what is referred to as customary marriage, where a woman marries herself off without a guardian, this is not permissible and it is considered invalid by the majority of the people of knowledge. It is demonstrated by authentic text from Allah’s Messenger, peace and blessings of Allah be upon him, based on his statement: “There is no marriage except with a guardian,” and he, peace and blessings of allah be upon him, said: “A woman cannot marry off another woman, nor can a woman marry herself off .”

https://binbaz.org.sa/fatwas/12666/%D8%AD%D9%83%D9%85-%D8%B9%D9%82%D8%AF-%D8%A7%D9%84%D9%86%D9%83%D8%A7%D8%AD-%D8%A8%D8%AF%D9%88%D9%86-%D9%88%D9%84%D9%8A

Paraphrased