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Question 1764: Can the guardian (Wali) of a virgin daughter marry her off to a man without her consent?

Answer: Consider the following narrations:

1⃣عَنِ الْحَلَبِیِّ عَنْ أَبِی عَبْداللَّهِ فِی الْجَارِیَةِ یُزَوِّجُهَا أَبُوهَا بِغَیْرِ رِضًا مِنْهَا قَالَ لَیْسَ لَهَا مَعَ أَبِیهَا أَمْرٌ إِذَا أَنْکَحَهَا جَازَ نِکَاحُهُ وَ إِنْ کَانَتْ کَارِهَةً

Al-Kafi, Vol. 5, Page 393

Imam Sadiq (peace be upon him) regarding a daughter whose father marries her off without her consent, said: "Despite her father, there is no objection for her. If her father marries her to a man, the marriage is valid, even if the daughter dislikes it."

2⃣عَنْ مَنْصُورِ بْنِ حَازِمٍ عَنْ أَبِی عَبْداللَّهِ قَالَ: تُسْتَأْمَرُ الْبِکْرُ وَ غَیْرُهَا وَ لَا تُنْکَحُ إِلَّا بِأَمْرِهَا.

Al-Tahdhib, Vol. 7, Page 379

Imam Sadiq (peace be upon him) said: "The virgin and the non-virgin are subject to consultation and their opinion must be considered in marriage."

3⃣عَنِ ابْنِ فَضَّالٍ عَنْ صَفْوَانَ قَالَ: اسْتَشَارَ عَبْدُ الرَّحْمَنِ مُوسَی بْنَ جَعْفَرٍ فِی تَزْوِیجِ ابْنَتِهِ لِابْنِ أَخِیهِ فَقَالَ افْعَلْ وَ یَکُونُ ذَلِکَ بِرِضَاهَا فَإِنَّ لَهَا فِی نَفْسِهَا نَصِیباً قَالَ وَ اسْتَشَارَ خَالِدُ بْنُ دَاوُدَ مُوسَی بْنَ جَعْفَرٍ فِی تَزْوِیجِ ابْنَتِهِ عَلِیَّ بْنَ جَعْفَرٍ فَقَالَ افْعَلْ وَ یَکُونُ ذَلِکَ بِرِضَاهَا فَإِنَّ لَهَا فِی نَفْسِهَا حَظّاً.

Al-Tahdhib, Vol. 7, Page 380

Safwan narrated: Abdul Rahman consulted Imam Musa al-Kadhim (peace be upon him) about marrying his daughter to the son of his brother. The Imam advised: "Do it, and let it be with her consent, for there is a share for her in it."

Khalid bin Dawood consulted Imam Musa al-Kadhim (peace be upon him) about marrying his daughter to Ali bin Jafar. The Imam said: "Do it, and let it be with her consent, for there is a share for her in it."

Zuhak bin Mazahim reports: I heard from Ali bin Abi Talib (peace be upon him) saying, "One day, Abu Bakr and Umar came to me and said, 'I wish you had approached the Messenger of Allah (peace be upon him and his family) to seek the hand of Fatimah (peace be upon her).' So, I went to them, and when the Prophet saw me, he smiled. Then he said, 'O Abu al-Hasan! Why have you come? What is your request?' I then reminded him of my lineage, my status in Islam, and my efforts in support and jihad. The Messenger of Allah (peace be upon him and his family) said, 'You have spoken the truth. You are indeed superior in what you have mentioned.' I said, 'Will you marry Fatimah to me?' He replied, 'O Ali! Before you, there were men who sought her hand, and I mentioned them to her. However, I observed her reluctance. But now, stay here until I enter and discuss this with her.' So, I stayed, and Fatimah (peace be upon her) approached. She took off the Prophet's cloak and removed his shoes. She performed ablution for him with her own hands, washing his hands and feet. Then she sat down. The Prophet said to them, 'O Fatimah!' She replied, 'Yes, O Messenger of Allah!' He asked, 'What do you desire?' She remained silent, turning her face away. The Prophet did not notice any displeasure on her face. Then he said, 'Allahu Akbar! Her silence is her consent!' Gabriel (peace be upon him) came to him and said, 'O Muhammad! Marry her to Ali, for Allah favors him, and he is favored by Allah.' The Prophet married her to me."

Bihar al-Anwar, Vol. 43, Page 93

✅ According to the above narrations and others, the father or paternal grandfather of a virgin girl is the guardian, and if they marry her to a man, the marriage is valid. However, it is recommended in narrations that the marriage of a girl should be with her consent, permission, and agreement because she has a share in it herself.

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اللَّهُمَّ صَلِّ عَلَی مُحَمَّدٍ وَ آلِ مُحَمَّدٍ وَ عَجِّلْ لِوَلِیِّکَ الْفَرَجَ وَ الْعَافِیَةَ وَ النَّصْر

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