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Khansiobint khidZn claimed that her father gave her in marriage when
she was a matron and she disliked that marriage. So she went to Allah's
apostle, and she declared that marriage invalid. A widow or a
divorced woman may marry whoever they wish and express their opinion
openly since they are considered to have enough experience and
maturity to Choose for themselves. Before a marriage is arranged,
Islam permits a man to see his prospective bride (in her Islamic
dres). Several prophetic traditions advise men to see their brides
before marriage, thus ensuring that women themselves are able to
see their suitors. One may recall the tradition related by Al Mughira
bin Shuaba who was seeking a woman in marriage and came to the prophet
for guidance. Mughirash. Shuaba reports: I sought a woman inmarriage.
The Prophet asked if I had seen her. No. said I. He said, "Then look
at her, because it is more proper that love should be cemented
2
between you. " This recommendation that the Prophet should actually
seek allows a woman the opportunity to refuse a suggested suitor
and therefore gives her an element of choice.
At the same time, Islam insisted that a girl must have a guardian
before marriage as this safeguard is intended to protect her rights
and position in society. The Waliyy (the guardian) of the bride plays
a special role in arranging the terms of the marriage. The Waliyy
should be her father. grandfather or other relative in the ascendant
line. Failing them, her brother, nephew, uncle or male cousin (in
that order) may act. In the absence of any male relative, the qadi
3
(judge) undertakes the duty. The Waliyy is required to be a Muslim
of full age, male, a free man. of sound mind and blameless character.
1.
2.
3,
Sahih al
Siddicr. i,
See Levy,
Bukhari, Vol.
op. cit.,
op. cit.,
P.
P.
7. op. cit.. P. 52
49
114
87