1) Al-Fudhayl ibn Yasar and Muhammad ibn Muslim and Zurarah ibn ‘A‘yan and Burayd ibn Mu‘awiyah who has said the following: “Abu Ja‘far (AS) has said, ‘A woman who has control over herself and is not dim-witted and has no master over her, her marriage without guardian is lawful.’”

الْفُضَيْلِ بْنِ يَسَارٍ وَمُحَمَّدِ بْنِ مُسْلِمٍ وَزُرَارَةَ بْنِ أَعْيَنَ وَبُرَيْدِ بْنِ مُعَاوِيَةَ عَنْ أَبِي جَعْفَرٍ (عَلَيْهِ السَّلام) قَالَ الْمَرْأَةُ الَّتِي قَدْ مَلَكَتْ نَفْسَهَا غَيْرَ السَّفِيهَةِ وَلا الْمُوَلَّى عَلَيْهَا إِنَّ تَزْوِيجَهَا بِغَيْرِ وَلِيٍّ جَائِزٌ.


But I read the above hadith recently. I remember you telling me that my wife doesn’t need her dad’s permission, even though she lives with him. But doesn’t this hadith say that if she isn’t independent, she can’t get married even if she has no wali?

2) Are there any ahadith about girls who wish to marry but have kafr/dayuth fathers? Even a hadith which says something like ‘a disbeliever has no guardianship over a believer’ would suffice.

3) And where is "’Zawwajtuka nafsi ’ala l-mahr il-ma’lum’ – ‘Qabilt’" mentioned as the marriage contract in ahadith? I asked Sadiq Shirazi and he told me Wasa’il ush-Shi’a Vol 15 pg 3, but my Arab friend checked for me and said the only thing on that page was "Bismillah ir-Rahman ir-Raheem", and that the chapter wasn’t even on nikah.

1- The hadith you mentioned basically indicates that a woman who is completely independent and makes her life decisions can get married without anyone’s permission.

2- The source given to you is correct. It’s the Maktaba Islamiyya version.


3- We have hadiths that non-Muslims cannot be guardians of Muslims, and many scholars have said the end of 4:141 also proves that Allah has not given Kafirs any authority or guardianship over Muslims.