LessonsLegal Implications of Khāṣṣ and the Two Kinds of ʿĀmmQuiz

أيما امرأة نكحت نفسها بغير إذن وليها فنكاحها باطل باطل باطل
Any woman who marries herself without her guardian's permission: her marriage is invalid, invalid, invalid.

The report is cited in the dispute over the guardian's role. Its apparent wording concerns a condition of marriage validity, while the Qur'anic clause attributes marriage to the woman.

The legal-method question: Does the report govern every case involving an adult woman, or is its scope understood in conjunction with other evidence and a recognized specification?

The difference arises from the scope and harmonization of texts, not from dismissing their authority.

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Marriage without a guardian and the reported hadith

Legal Implications of Khāṣṣ and the Two Kinds of ʿĀmm

أيما امرأة نكحت نفسها بغير إذن وليها فنكاحها باطل باطل باطل
Any woman who marries herself without her guardian's permission: her marriage is invalid, invalid, invalid.

The report is cited in the dispute over the guardian's role. Its apparent wording concerns a condition of marriage validity, while the Qur'anic clause attributes marriage to the woman.

The legal-method question: Does the report govern every case involving an adult woman, or is its scope understood in conjunction with other evidence and a recognized specification?

The difference arises from the scope and harmonization of texts, not from dismissing their authority.