A Woman May Not Give Herself in Marriage

Question :

When I was young and had not yet reached the age of maturity, my grandfather gave me in marriage to his grandson against my will. Then when the time of the wedding came, I refused to go to him, problems occurred, and the matter reached the Court and they ruled in my favor, that this contract be annulled. However, my paternal uncle, the father of this young man is determined that I should marry his son, but I refused and no one is bold enough to propose to me, due to fear of my uncle's aggressiveness. Should I go to the Court to contract marriage for myself to the one who proposed to me during the life of my father. And is marriage without a guardian correct, since I have no guardian except this uncle?

Answer:

You must go to the Court which annulled your first marriage and inform the Judge that your uncle has prevented you from marrying suitable men to force and coerce you to accept his son. Then when his refusal and coercion over a long period has been confirmed to the Judge, he will remove his guardianship and grant it to the guardian who comes after him, or he may take charge of the contract himself, for the legal authority is the guardian for the one who has no guardian. But it is not permissible for you to make a contract for yourself, according to the Hadith which states:

"A woman may not give a woman in marriage, nor may a woman give herself in marriage."

and the Hadith:
"There is no marriage without a guardian (Wali)."
Source:
Ibn Jibreen
Fatawa Islamiyah, Vol. 5 Pages 243-244