It is not Permissible for a Woman to become a Marriage Official (Ma’zoun) Conducting Marriage Contracts

প্রশ্ন · Question

Assalam Alaikum Wa Rahmatullah Wa Barakatuh
My honourable brother please accept my kind greetings:
Two female Shar’i Marriage officials (Ma’zoun) were appointed in Al -
Khalil city and were given the authority to conduct marriage contracts.
My question to you, my honourable brother: is it permissible for a
woman to give another woman in marriage , and to conduct the
marriage of another woman? To my knowledge it is mentioned in the
Hadith:
" ةُ نَفْسَهَا فَإِنَّ الزَّانِيَةَ هِيَ الهن ِي تُزَورجُ نَفْسَ
َ
ةَ وَلاَ تُزَورجُ الْمَرْأ
َ
ةُ الْمَرْأ
َ
لاَ تُزَورجُ الْمَرْأ هَا "
A woman shall not give another woman in marriage, nor should a
woman give herself in marriage. Indeed only the fornicatress shall give
herself in marriage.””. [Narrated by Ibn Majah and Ibn Khuzaymah in
his Saheeh], if it is not permissible, is the contract conducting by the
woman permissible or invalid?
May Allah reward you with the Good.

উত্তর · Answer

Wa Alaikum Assalam Wa Rahmatullah Wa Barakatuh
The answer to this question, it is necessary to clarify the reality of the
Shariah ruling that a woman may not give herself in marriage by

herself or give another woman in marriage, as well as knowing the
reality of the work of the marriage official (Ma’zoun) and the
documentation he undertakes, and then to study whether the ruling
that a woman may not give another woman in marriage applies to the
Ma’zoun be it a woman or not.
First: The Shariah ruling on a woman giving herself in marriage or
giving another woman in marriage:
The Shariah ruling indicated from the Shariah evidences states that it is
not permissible for a woman to conduct her marriage contract by
herself, i.e. she cannot carry out the contract, rather she must appoint
a wali (legal representative) that represents her or a person who will
take the status of a wali when the wali is absent to conduct the
marriage contract on her behalf. It is also not permissible for the
woman to conduct the marriage contract of another woman on her
behalf. That is, the woman cannot be a wali, or a representative for
another woman in the marriage contract; rather, the wali and wakeel
(representative) must be a male according to the Fiqh details of the
subject of the Wilayah of Nikah in the Fiqh books. We have stated the
issue of the woman not having the authority to give herself in marriage
or give another woman in marriage with evidences in the Social System
Book where it states:
(...If the marriage contract is conducted, the marriage is correct if it
meets all its conditions correctly, and they are three:
...The second condition is that the marriage will not be correct without
a guardian since the woman does not possess the right to give herself
or give others in marriage. Similarly, she does not have the right to
delegate anyone other than her guardian to give her in marriage. If she
does this, the marriage will not be correct. As for the marriage not
being correct without a guardian (wali), this is due to what has been
narrated by Abu Musa from the Prophet's ﷺ saying: «لا نِكاحَ إلا بِوَلَيّ »

“There is no marriage without the permission of a guardian (wali).”
[Reported by Ibn Hibbaan and alHaakim].
As for the woman not possessing the right to give herself or give others
away in marriage, nor possessing the right to delegate anyone other
than her guardian to give her in marriage, this is due to what 'Aisha
reported from the Prophet ﷺ:
«ةٍ نَكَحَتْ بِغَيِْْ إِذْنِ
َ
يُّمَا امْرَأ
َ
أ وَلِيرهَا فَنِكَاحُهَا بَاطِلٌ فَنِكَاحُهَا بَاطِلٌ فَنِكَاحُهَا بَاطِلٌ »
“Any woman who gets married without the permission of her
guardian (wali), her marriage will be void, her marriage will be void,
her marriage will be void.” [Reported by al -Haakim], and also due to
what Abu Hurayrah has reported that the Prophet ﷺ said:
«ةُ نَفْسَهَا فَإِنَّ الزَّانِيَةَ هِيَ الهن ِي تُزَورجُ نَفْسَ
َ
ةَ وَلََ تُزَورجُ الْمَرْأ
َ
ةُ الْمَرْأ
َ
لََ تُزَورجُ الْمَرْأ هَا »
“A woman shall not give another woman in marriage, nor should a
woman give herself in marriage. Indeed only the fornicatress shall
give herself in marriage.” ) End of quote from the Social System in
Islam
Ad-Darqutni narrated this Hadith as follows: (Abd al -Rahman ibn
Muhammad al-Muharabi told us from 'Abd al -Salam ibn ibn Harb from
Hisham from Ibn Sirin from Abi Hurayrah, that the Prophet ﷺ said:
«ةُ نَفْسَهَا
َ
ةَ وَلاَ تُزَورجُ الْمَرْأ
َ
ةُ الْمَرْأ
َ
لاَ تُزَورجُ الْمَرْأ » “A woman shall not give another
woman in marriage, nor should a woman give herself in marriage”.
And we used to say that the one who gave herself in marriage is the
Fajira (sexually immoral)) End.
In the narration of Al -Baihaqi: (Abu Hurayrah said (ra) we viewed the
one who gave herself in marriage as a fornicator). In Irwa’ Al -Ghalil fi
Takhreej Ahadith Manar As -Sabeel (248/6) by Al -Albani (died: 1420
AH) regarding this Hadith, his saying: (I said: its Isnad is Sahih on the
condition of the two Sheikhs). Thus it is not permissible for a woman to
conduct the proposal and acceptance in the contract, or to accept to

contract her own marriage, or to carry out the proposal and
acceptance in the contract as a wali for another woman or a wakeel for
another woman. All this is included in the Hadith:
«ةُ نَفْسَهَا
َ
ةَ وَلاَ تُزَورجُ الْمَرْأ
َ
ةُ الْمَرْأ
َ
لاَ تُزَورجُ الْمَرْأ » “A woman shall not give another
woman in marriage, nor should a woman give herself in marriage”.
Second: The work of the marriage official (Ma’zoun) and the
documentation of marriage contracts:
1- The Ma’zoun is a state employee who conducts marriage contracts
in terms of offer and acceptance between the spouses. He also
investigates the qualification of the spouses prior to the marriage and
meeting of Shariah conditions and the absence of Shariah objections.
He also investigates the personality of the two spouses, the wali and
the witnesses at the time of the contract. And he recites the
statements (of the contract) for the spouses, i.e. what the wali of the
wife says: (I married my daughter to y ou), and he gives the statement
of response to the husband: (I accepted her marriage) according to the
related Shariah rules. And he also ensures the acceptance of the
woman to the marriage. He also documents the contract by writing, so
that it would be an official recognized document; he includes in it the
conditions agreed upon by the two parties and the amount of the
dowry, its immediate and later payment...etc.
2- Documenting the marriage contract in the government departments
is not a pillar or a valid condition in the marriage contract. That is, the
marriage takes place and is valid if it fulfills its pillars and conditions
even if it is not documented in the state departments. However,
documentation is a duty to preserve the rights and remove the
damage if the lack of documentation causes loss of rights and harm to
spouses and children when in conflict. However, if documentation in
writing does not cause loss o f rights and harm to spouses and children
when in conflict, it is not obligatory. This needs understanding of the
reality (Tahqeeq Al -Manat) to achieve the separation of cases of

disputes between spouses and children, and nowadays most countries
do not approve the marriage and child’s kin affiliation unless it is
documented in the state departments.
Third: the ruling of women working as a marriage official (Ma’zoun):
1- It is clear from the above mentioned on the work of the Ma’zoun is
that he is not part of the marriage contract, i.e. as a Ma’zoun, he is not
a wakeel (representative) of the wife or husband in the contract, i.e. in
the offer and acceptance. The Ma’zoun’s job is not to establish a
marriage contract, but rather the establishment of the marriage
contract is by the contracting parties: wife/fiancé through her wali and
wakeel, and the husband/ fiancé by himself of his wakeel.
2- However, the appointment of a woman as a marriage official
(ma’zoun) makes her in charge of conducting the marriage contract, so
she orders the wali of the wife to say to the husband (I married you my
daughter so and so ...) and she says to the husband or his wakeel, “say
(I accepted her marriage)” and so on including that which is necessary
to conclude the marriage, the witnesses, and other matters. In other
words, she manages the process of marriage contract and her job is
not limited on documenting th e contract only, since this is done in the
state departments such as documenting the contract in the records
and completing the ratification procedures and the signing by the
endowment officials, the concerned parties, etc.
3- The Hadiths that prohibits a woman from giving herself in marriage
or to represent other women in marriage, i.e. the prohibition of taking
the offer and acceptance from her; these Hadiths indicate by reference
that women are prohibited to conduct the process of offer and
acceptance in marriage, and to clarify that we say:
a- The indication by reference (dalalat al -Ishara) is understood from
the meaning and is not intended in the text but is understood by
reference based on what is stated in the text:

- In the book, The Islamic Personality , Volume 3 under the chapter of
Mafhoum, it states the following: [... the meaning of the text is
confined to the spoken words (mantouq) and the meaning (mafhoum).
If the meaning is not taken from the spoken words, it is taken from the
mantouq, and there is nothing else. Accordingly, the indication of
Iqtida (from the text), and the indication of alert (tanbih) and gesture
(ima’), and the indication by reference (Ishara) are taken from the
meaning, as well as the understanding of agreement (Muwafaqa) and
contradiction (Mukhalafa) are also taken from the meaning...
The indication by reference is: when the text has been given to clarify
the ruling, or to indicate a ruling, but what is understood from it also is
another ruling different than the ruling that was stated and explained,
or the text came to indicate the ruling. And this second ruling was not
intended from the text. Therefore the indication from the text the
regarding the ruling that was not specified or or indicated to, but is
understood from it, is the indication by reference (Dalalat Al -Ishara).
For example:
- Total meaning of the verse: (حَمْلُهُ وَفِصَالُهُ ثَلََثُونَ شَهْراً ) and his
gestation and weaning [period] is thirty months” [Al-Ahqaf: 15]
And His ﷻ saying: (فِصَالُهُ ف ِي عَامَيْْ ِ ) And his weaning is in two years”
[Luqman: 14] is that the minimum duration of pregnancy is six months,
although it is not intended from the text. It is called indication of
reference (Ishara)] End
- In the book Tayseer Al -Wusul Ila Al -Usul it states examples of the
indication of reference:
[ وَعَلََ ٱلۡمَوۡلُودِ
ن يُتِمَّ ٱلرَّضَاعَةََۚ
َ
رَادَ أ
َ
وۡلَ ٰدَهُنَّ حَوۡلَيْۡ ِ كَامِلَيْۡ ِ لِمَنۡ أ
َ
وَٱلۡوَٰلِدَٰتُ يُرۡضِعۡنَ أ لَهُۥ
رِزۡقُهُنَّ وَكِسۡوَتُهُنَّ بِٱلۡمَعۡرُوفِ )
Mothers may breastfeed their children two complete years for
whoever wishes to complete the nursing [period]. Upon the father is
the mothers' provision and their clothing according to what is

acceptable.” [Al-Baqara: 233]. It is understood in terms of indication by
reference that lineage is to the father.
(ن يَكُنَّ خَيْۡاً
َ
ن يكونوا خَيْۡاً مرنۡهُمۡ وَلََ نِسَآءٌ مرن نرسَآءٍ عَشَٰٰٓ أ
َ
لََ يَسۡخَرۡ قَوۡم مرن قَوۡمٍ عَشَٰٰٓ أ
مرنۡهُنَّ )
let not a people ridicule [another] people; perhaps they may be
better than them; nor let women ridicule [other] women; perhaps
they may be better than them.” [Al-Hujurat: 11]. It is understood in
terms of the indication by reference that the male community is
separate from the women’s, so women make fun of women and men
of men ...) End
There are other examples:
- Al-Hakim extracted in Al-Mustadrik and said, "This is a saheeh Hadith
according to the condition of the two sheikhs": From Abu Musa, from
the Prophet ﷺ he said:
«وْ صَنِْي
َ
ةٌ، أ
َ
وِ امْرَأ
َ
رْبَعَةٌ: عَبْدٌ مَمْلُوكٌ، أ
َ
الْجُمُعَةُ حَقٌّ وَاجِبٌ عَلََ كُلر مُسْلِمٍ ف ِي جَمَاعَةٍ إِلََّ أ ،
وْ مَرِيضٌ
َ
أ»
“The Friday prayer in congregation is a necessary duty for every
Muslim, with four exceptions; a slave, a woman, a boy, and a sick
person.” The text came to explain that the Friday prayer is not an
obligation on women. But by the indication of reference it is
understood that it is not permissible for a woman to lead men in Friday
prayers, because Friday is obligatory for men and it is not obligatory
for women. The one who is obliged to pray Friday cannot be lead in
prayer by those who are not obliged to pray Friday prayers.
b- Thus it is understood in terms of the reference from the Hadiths
that indicate that the woman does not give herself in marriage or give
other women in marriage; it is understood in terms of reference that
the woman are not permitted to conduct the process of offer and
acceptance in marriage, such as saying to the woman's wali: (“Say: I
married you my daughter or the one I represent...”) and she says to

the husband or his wakeel: (“Say I accepted her marriage...”). It is not
permissible for a woman to do so. This is contrary to documenting the
contract in the state departments after its completion, such as
registering it in the records and taking the signatures of specialists and
so on, this is permissible and nothing is wrong with it, whether the
registration is by a man or a woman.
4- In addition, another warning is added, that the work of the Ma’zoun
is mostly linked to the men. The conduction of the marriage contract is
by two men, and witnesses are men, and the wali is a man and so on.
Also in many Islamic countries there are celebrations of the marriage
contract in which the Ma’zoun is called to the house of the wife or
husband and the contract is concluded among men, which is not
confined to the parties to the contract and witnesses, but exceeds
them to others and the contract is publicized like that. The Ma’zoun’s
work in some countries is not only conducted in his office in the
presence of the parties to the contract and the witnesses, but also in
the presence of many men. In such a situation, it is mixed with
unauthorized mixing with men because it is not limited to the parties
to the contract and witnesses.
In Conclusion:
• It is not permissible for a woman to give herself in marriage or give
another woman in marriage, i.e. she is not permitted to carry out the
offer and acceptance of marriage, because the Shariah texts forbid
this.
• It is understood by the reference (dalalat Al -Ishara) of these texts
that women may not conduct the process of offer and acceptance
between spouses.
• The woman may register the contract after its completion in the
State records, as required by the procedures of documenting the
contracts.

• A woman conducting the offer and acceptance process between
spouses is neither a requirement nor a condition of validity, so the
marriage contract is valid as long as the spouses meet the contract
conditions and validity conditions.
Final Conclusion:
• It is not permissible for a woman to be a marriage official (Ma’zoun)
to handle the process of offer and acceptance between spouses and to
recite to the spouses the content of the offer and acceptance.
• The marriage contract is valid as long as the terms of the contract
and the conditions of validity are met, because the personality of the
Ma’zoun is not one of these conditions.
This is what I view as the stronger (opinion) in this matter, and Allah
knows Best He is Most Wise.
Your brother,
Abu Yasin
24 Safar 1441 AH
23/10/2019 CE