Marriage of a women with dead gurdians

Question

Let's say, Z is a woman. All of her Mahrams' and gurdians have died. If she wants to marry now, how would she?

This is basically covered in several posts like Who can eb wali and in what order or revert sister looking to get married ASAP — Medi1Saif, Nov 03 '22 at 10:55

score 3 · Accepted Answer · answered Oct 29 '22 at 18:18

If all of her guardians have died or are not in contact and can not be contacted then the marriage contract must be witnessed by the ruler/elder/leader of that place as well as two more witnesses.

It was narrated that ‘Aa’ishah 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)

This means that the ruler is the guardian of the one who has no guardian

There are also views of other scholars on this matter.

Shaykh al-Islam Ibn Taymiyah (may Allaah have mercy on him) said:

If there is no relative who can act as her guardian, then the position of guardian passes to the one who is most fit among those who have any kind of authority in matters other than marriage, such as the head of a village, the leader of a caravan, and so on. (Al-Ikhtiyaaraat, p. 350.)

Ibn Qudaamah said:

If a woman does not have a guardian and there is no ruler, then there was narrated from Ahmad that which indicates that her marriage should be arranged by a man of sound character, with her permission. (Al-Mughni, 9/362.)

Shaykh ‘Umar al-Ashqar said:

If there is no ruler of the Muslims, or if the woman is in a place where the Muslims have no ruler, and she has no guardian at all, like the Muslims in America and elsewhere, if there are Islamic institutions in that country that take care of the Muslims’ affairs, then they should arrange her marriage. The same applies if the Muslims have a leader who is in charge or someone who is responsible for their affairs.

Reference

Marriage of a women with dead gurdians

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