Because their wording is open to different readings and their chains of transmission are disputed—save for the ḥadīth of Ibn ʿAbbās—the evidence is inconclusive. Yet the party that waives the requirement needs no proof, for the presumption is freedom from liability.

We shall therefore set out the well-known proofs on which the two sides rely and show how each text may be interpreted.

Among the clearest Qurʾānic passages cited by those who make guardianship a condition is the Almighty’s saying:

“When they have reached the end of their waiting period, do not hinder them from marrying their husbands” (al-Baqarah 2:232).

They argue that this is addressed to the guardians; had guardians no right of authority, they would not have been forbidden to obstruct.

They also cite His words:

“Do not marry the polytheists [to your women] until they believe” (al-Baqarah 2:221),

maintaining that this, too, is an address to the guardians.

As for the Sunnah, their most celebrated proof is the report transmitted by al-Zuhrī from ʿUrwah from ʿĀʾishah (may Allah be pleased with her):

“The Messenger of Allah (peace and blessings be upon him) said, ‘Any woman who marries without her guardian’s permission, her marriage is invalid—(he repeated it three times). If it has been consummated, the dowry is hers in return for what he has enjoyed of her. If they disagree, the ruler is the guardian of the one who has no guardian.’”

Al-Tirmidhī recorded this ḥadīth and graded it ḥasan.

Those who do not require guardianship, for their part, cite the verse:

“There is no blame on you regarding what they do with themselves in an honorable manner” (al-Baqarah 2:234),

saying that it confirms a woman’s right to dispose of her own affairs and contract for herself.

They add that the Qurʾān attributes the act of contracting marriage to women in other verses as well, such as:

“that they should marry their husbands” (al-Baqarah 2:232),

and:

“until she marries another husband” (al-Baqarah 2:230).

From the Sunnah they rely on the sound ḥadīth of Ibn ʿAbbās in which the Prophet (peace and blessings be upon him) said:

“A previously married woman has more right over herself than her guardian, and the virgin is to be consulted about herself; her silence is her consent.”

On this ḥadīth Dāwūd al-Ẓāhirī based his distinction between the divorcee/widow (thayyib) and the virgin (bikr) in this matter.

Such, then, is the famous body of transmitted evidence adduced by both camps.

As for the verse, “When they have reached the end of their waiting period, do not hinder them” (al-Baqarah 2:232), it does no more than forbid a woman’s relatives and agnates to prevent her from marrying. This prohibition in no way—literally or figuratively—implies that their permission is a condition for the validity of the contract; indeed, one might infer the opposite, namely, that the guardians have no authority over those under their care.

The same applies to His words, “Do not marry the polytheists [to your women] until they believe” (al-Baqarah 2:221). The verse is more plausibly addressed to the Muslim authorities—or to the Muslim community at large—than to individual guardians; at the very least, it oscillates between the two possibilities. Whoever invokes it as proof must therefore show that it more clearly addresses guardians than those vested with authority.

If it is objected that the text is general, and that a general statement includes both the authorities and the guardians, we reply: the verse is, after all, a prohibition, and prohibition