To whom does the authority to accept or reject a marriage proposal belong?

Chapter on What is Prohibited to Marry and Combining Between Them and Other Matters

Al-Mughni

Book of Marriage

Book 35 · Issue 4 · Bab 2

Open in Qurani

Primary text

The authority for acceptance or rejection rests with the guardian (wali) if the woman is one who must be compelled in marriage (mujbarah). If she is not compelled, the authority lies with the woman herself, as she has a greater right over her person than her guardian. If the guardian accepts but the woman desires to refuse the marriage, her decision prevails. If the guardian accepts and she consents, it is counted as her acceptance. If the guardian accepts and she is displeased, his acceptance has no legal effect because the right belongs to her. If the guardian accepts for the compelled woman, but she dislikes the proposed match and chooses another, the guardian's acceptance is nullified because her choice takes precedence. If she dislikes the match and refuses to accept anyone else, the guardian's acceptance should also be nullified, as he was commanded to consult her, and should not coerce her into accepting someone she dislikes.

Supporting text

If she accepts and later retracts her acceptance or becomes displeased, the ruling of acceptance is voided because she has the right to retract. Similarly, if the compelling guardian retracts his acceptance, its ruling ceases because he has supervisory rights until the contract is finalized. If neither she nor her guardian retracts, but the suitor withdraws his proposal or gives permission, then it becomes permissible for another to propose, based on the Hadith that permits proposing after permission is given or the proposal is abandoned.