A Woman Contracting Her Own Marriage
Question: A devout young man of praiseworthy qualities has proposed to me, but my father has rejected the proposal, arguing that he is not my social equal in lineage or family standing. My father wishes me to marry a young man from an old, affluent, and prominent family, while I am pleased with this suitor and want no one else. May I marry him without my guardian’s consent? I have read in the jurisprudence attributed to Abū Ḥanīfah that such a marriage is permissible. Moreover, Allah has entrusted each servant with his own affairs—including marriage. If my father is going to prevent me from marrying someone suitable, who is keen to safeguard my honour, protect my reputation, and is committed to his faith, and instead wants to marry me to someone lacking these qualities, do I not have the right to dispense with his permission, conclude the marriage before a judge, or seek the assistance of another relative who agrees with me and have him conduct the marriage?
Answer: First: A woman is not permitted to contract her own marriage. Should she do so, the marriage is invalid according to the majority of scholars, past and present. Allah addressed the guardians of women with the command: “And marry off the single ones among you and the righteous among your male slaves” (Sūrah al-Nūr, 24:32). The Prophet, peace and blessings be upon him, said: “When someone whose religion and character you are pleased with comes to you seeking marriage, then marry him off.” He also said: “There is no marriage without a guardian and two upright witnesses.”
As for what she mentioned—that she read in some books of fiqh that a woman may contract