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OmAbdullah:
1) Allah Most High says: “When you divorce women, and they fulfil the term of their waiting period (idda), do not prevent them from marrying their (former) husbands,
if they mutually agree on equitable terms. ” (Surah al-Baqarah, V: 232)
In this verse, Allah Most High attributes the conducting of marriage to women which is an indication that they are able to marry themselves without the permission and approval of their Wali. Moreover, the guardians are instructed not to interfere by preventing them from marrying their former husbands.
2) Allah Most High says: “If any of you dies and leaves widows behind, they shall wait concerning themselves four months and ten days: When they have fulfilled their term (of idda), there is no blame on you
if they dispose of themselves (marry themselves off) in a just and reasonable manner.” (Surah al-Baqarah, V: 234)
In this verse also, there is clear indication that women have full rights of marrying themselves and do not require the approval of their guardian or Wali.
3) Sayyiduna Abdullah ibn Abbas (Allah be pleased with him) reports that the Messenger of Allah (Allah bless him & give him peace) said: “A non-married woman (virgin or non-virgin) has more right in managing her own affairs (i.e. marriage etc) than her guardian, and a virgin’s consent must be sought concerning herself, and her silence implies her consent.” (Sahih Muslim, no: 4121)
In this Hadith, the term Ayyim means a woman who has no husband (man la zawja lah) and includes both virgin and non-virgin women. The Messenger of Allah (Allah bless him & give him peace) is clearly stating that she is more rightful than her guardian in managing her own affairs in terms of marriage and other similar things.
4) Sayyiduna Ali ibn Abi Talib (Allah be pleased with him) would strongly advise against marrying without the guardian’s approval, but if someone was to go ahead and marry, he would consider their marriage to be valid. (Kanz al-Ummal, no: 45775)
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