Marriage, wali necessary?

[salamfromrom]

Salam a leikum


I have a question. I keep hearing "A woman in Islam cannot get married without the permission of her wali" being repeated over and over again but I never saw any proof directly from the Qur'an and Sunnah.

I remember many hadith from the time of the prophet(pbuh) in which muslims asked eachother in marriage without any intermediaries, but now I hear people say that a woman can not get married without her parent's permission.

Please enlighten me with the exact hadith in which Muhammad(pbuh) explicitly prohibits believing women from getting married directly (for example meeting someone at the market and asking him to marry her, etc). without a wali/mahram.


Also, I live in a european country with a very small number of muslims. I go to the only mosque in town where every friday we meet Inshallah and we (3 brothers and 4 sisters) talk about islam provately after prayers. Now If I were to ask one of the sisters in marriage would I be committing a sin considering that she does not have a wali, because her parents are non-muslims? I'm mostly concerned with the proofs from the qur'an/sunnah because I have never come across a hadith explicitly prohibiting women from getting married to whomever they please.

Salam a leikum!

[Intisar]

:w:

It was narrated that Abu Moosa said: The Prophet (peace and blessings of Allaah be upon him) said: “There is no marriage without a guardian.”

(Narrated by al-Tirmidhi, 1101; Abu Dawood, 2085; Ibn Maajah, 1881. Classed as saheeh by Shaykh al-Albaani (may Allaah have mercy on him) in Saheeh al-Tirmidhi, 1/318)

It was narrated that ‘Aa’ishah (may Allaah be pleased with her) said: The Messenger of Allaah (peace and blessings of Allaah be upon him) said: Any woman who gets married without the permission of her guardian, her marriage is invalid, her marriage is invalid, her marriage is invalid. But if the marriage is consummated then the mahr is hers because she has allowed him to be intimate with her. If they dispute, then the ruler is the guardian of the one who has no guardian.”

(Narrated by al-Tirmidhi, 1102; Abu Dawood, 2083; Ibn Maajah, 1879. Classed as saheeh by al-Albaani in Irwa’ al-Ghaleel, 1840)


Regarding proposing to a woman with kufaar parents, or a wali that's a kufaar:

http://islamqa.com/en/ref/389/wali