The Life & Character of the Seal of Prophets (sa) - Volume II — Page 517
XI - Treachery of the Banū Quraiẓah and the End of the Jews in Madīnah, Laws of Marriage and Divorce 517 maturity. 1 8. There is no doubt that in marriage, the right of consent lies with the actual parties being joined in matrimony, and without their agreement, a relationship cannot be settled. Furthermore, if due to special circumstances, a marriage is settled in childhood, and the parties do not approve after reaching an age of maturity, the bond shall be considered void. However, a young girl, especially an unmarried girl, naturally possesses a simple disposition and is innocent. Furthermore, she has relatively less experience in life and is not greatly acquainted with the factors that lay the foundation for a truly happy married life. In addition to this, a woman is more emotional by nature as well, due to which often times her faculty of critical reasoning becomes veiled. Hence, in order to prevent her from heading into the wrong direction and protecting her from being ensnared by sly and cunning men, Islām orders that when an unmarried girl is to be wed, her father, or if her father is not alive, then another close relative, should remain with her as a guardian, and a bond should not be settled without his advice. 2 However, if a dispute arises between the girl and her guardian, the opinion of the girl shall be given precedence. 3 However, in such a case, it shall be necessary to bring such a dispute into the notice of a judge, so that if a girl is being lured into a trap, she can be saved. 4 Since a widow tends to be well-acquainted with the ups and downs of marital relations, she is free to make an independent decision and the consent of a guardian is not required in her case, though it is preferable. 5 1 * Al-Baqarah (2:224-229) * Sunanut-Tirmidhī, Kitābu Tafsiril-Qur’ān, Bābu Wa Min Sūratil-Baqarah, Ḥadīth No. 2980 2 * Sunanu Abī Dāwūd, Kitābun-Nikāḥ, Bābu Fil-Waliyyin, Ḥadīth No. 2083/2085 * Sunanut-Tirmidhī, Kitābun-Nikāḥ, Bābu Mā Jā’a Lā Nikāḥa Illā Bi-Waliyyin, Ḥadīth No. 1101-1102 3 * Ṣaḥīḥul-Bukhārī, Kitābun-Nikāḥ, Bābu Idhā Zawwajar-Rajulu Ibnatahū Wa Hiya Kārihatun Fa- Nikāḥuhū Mardūdun, Ḥadīth No. 5138 * Sunanu Abī Dāwūd, Kitābun-Nikāḥ, Bābu Fil-Bikri Yuzawiijuhā Abūhā Wa Lā Yasta’miruhā, Ḥadīth No. 2096 4 * Sunanut-Tirmidhī, Kitābun-Nikāḥ, Bābu Mā Jā’a Lā Nikāḥa Illā Bi-Waliyyin, Ḥadīth No. 1102 * Sunanu Abī Dāwūd, Kitābun-Nikāḥ, Bābu Fil-Waliyyin, Ḥadīth No. 2083 5 * Ṣaḥīḥu Muslim, Kitābun-Nikāḥ, Bābu Isti’dhānith-Thayyibi Fin-Nikāḥi Bin-Nuṭqi Wal-Bikri Bis- Sukūti, Ḥadīth No. 3476 * Sunanu Abī Dāwūd, Kitābun-Nikāḥ, Bābu Fith-Thayyib, Ḥadīth No. 2098