The Requirement of a Guardian, and a Woman Contracting Her Own Marriage
Is a guardian required for the contract's validity, and may an adult woman of sound mind give herself or another in marriage without one?
The marriage of a free, adult woman of sound mind is valid if she gives herself in marriage to a suitable match without her guardian's leave, virgin or previously married, and she may also give another in marriage; a guardian is a condition only for a minor or an insane woman. If she gives herself to one who is not a suitable match, the position for fatwa is that the marriage is not valid at all; and if it is for less than a dower like her peers', the guardian may object.
The guardian is a pillar of marriage, so a woman gives neither herself nor another in marriage, whether in her own right or as an agent, on the strength of the hadith: “A woman does not give a woman in marriage, nor does a woman give herself in marriage.” If she contracts it herself the contract is void and is annulled, before consummation and after.
The guardian is a pillar and a condition of the contract's validity, so a woman gives neither herself nor another in marriage, in her own right or as an agent; if she does, the contract is void and rejected, on the strength of his saying ﷺ: “There is no marriage save with a guardian and two upright witnesses.”
The guardian is a condition of the contract's validity, and no marriage is valid without him; if a woman gives herself or another in marriage the contract is void, on the strength of his saying ﷺ: “Any woman married without her guardian's leave, her marriage is void.”