Ibn ‘Abbas reported the Prophet as saying, ‘Adulteresses are those women who marry themselves without evidence.” The soundest view is that it does not go back farther than Ibn ‘Abbas.
‘A’isha reported God’s Messenger as saying, “If any woman marries without the consent of her guardian her marriage is void, her marriage is void, her marriage is void. If there is cohabitation she gets her dower for the intercourse her husband has had. If there is a dispute*, the sultan is the guardian of one who has none.”
* i.e., among guardians, Mirqat iii. 418 says that if their dispute would keep a woman from being married, they are treated as non-existent.
Ahmad, Tirmidhi, Abu Dawud, Ibn Majah and Darimi transmitted it.
Abu Huraira reported God’s Messenger as saying, “An orphan girl should be consulted about herself; if she says nothing that indicates her permission, but if she refuses, the authority of the guardian cannot be exercised against her will.”
Tirmidhi, Abu Dawud and Nasa’i transmitted it, and Darimi transmitted it on the authority of Abu Musa.
