Dr. Atiya Lashin, Professor of Comparative Jurisprudence and a member of Al-Azhar’s Fatwa Committee, received a question from a woman who said: “I married myself without informing my family or having them present. I was told my marriage is invalid — is that true?”
Dr. Lashin replied:
“Praise be to Allah, Lord of the Worlds, and peace and blessings be upon our Prophet Muhammad. Allah Almighty says in the Holy Qur’an: (Do not prevent them from remarrying their [former] husbands if they agree among themselves in a lawful manner), and the Prophet ﷺ said: (Any woman who marries herself without her guardian’s permission — her marriage is invalid, invalid, invalid).”
He explained that Allah created men and women to complement each other, not to compete, and that guardianship in marriage is not a restriction on women but a safeguard for their dignity and rights.
Dr. Lashin emphasized that the majority of scholars — including the Maliki, Shafi‘i, and Hanbali schools — agree that a guardian (wali) is an essential pillar of a valid marriage contract, based on the Prophet’s saying: (There is no marriage without a guardian).
He further clarified that any marriage conducted without a guardian is considered invalid in Islamic law, even if it is officially documented, because this condition protects women from deceit or manipulation. Islam did not permit a woman to marry herself due to the emotional nature of such decisions.
Dr. Lashin concluded his fatwa by stating:
“The strongest and most widely accepted opinion among scholars is that a marriage without a guardian is invalid. It opens the door to moral corruption and instability, carrying the seeds of failure from the very beginning, as seen in secret or unregistered marriages.”
