Is the presence of a guardian (Wali) mandatory for a woman's marriage when no guardian or ruler exists?
General Chapter
Al-Mughni
Book of Marriage
Primary text
If a woman lacks a guardian (Wali) and there is no supreme authority present, a trustworthy man may marry her with her permission, provided he ensures suitability of the spouse (Kufu) and the dowry (Mahr), particularly if there is no judge in the district. This view is held by some reported opinions attributed to Ahmad. The justification for permitting marriage without a guardian in this specific circumstance is that requiring a guardian would entirely prevent the marriage, which is not permissible, analogous to requiring a suitable relative when none exists. The validity of this marriage is conditional upon the absence of a judge in the region.
Supporting text
Some companions of Ahmad derived from this report that marriage does not depend on the presence of a guardian at all. However, the correct position is that this ruling is specific to the situation where both a guardian and a ruler are absent. There is also a report stating that marriage is not valid except with a guardian, based on the generality of prophetic traditions concerning this matter.