Kitaab Sharh us-Sunnah
by Al-Barbahaaree
Trans. Abu Talhah Dawud Burbank


55: There is no marriage without a guardian.

There is no marriage except with a guardian (Walee) [1] and two just witnesses and a dower (Sadaaq/Mahr), whether it is a small amount or a large amount. As for a woman without a guardian, then the ruler is the guardian of one without a guardian.


NOTES

[1] Abu Moosa (radiallaahu anhu) reported that the Prophet (sallallaahu alaihi wa sallam) said, “There is no marriage without the guardian (walee).” Reported by Abu Daawood (Eng. trans. 2/558/no.2080) and it is saheeh.


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