guardian is required for marriage; otherwise, there is no marriage. Whoever marries a woman without the permission of her guardian, the marriage is void.”
Muhammad narrated on the authority of Ahmed bin „Isa, Zayd bin „Ali, al-Bāqir, Ibn „Abbās, and „Ali, upon him be peace: “There‟s no marriage except with a guardian.”
Muhammad, in his chain of authority, narrated on the authority of Ibn „Abbās and A‟isha on the authority of the Prophet, peace and blessings be upon him and his progeny: ((There‟s no marriage except with a guardian)).
Also, in his chain of authority to al-Bāqir: “The Messenger of Allah, peace and blessings be upon him and his progeny, said: ((There‟s no marriage except with a guardian and two just witnesses. If there is no guardian, then the sultan is the guardian)).”
Also, in his chain of authority to „Ali: “The Messenger of Allah, peace and blessings be upon him and his progeny, prohibited temporary marriage. There‟s no marriage except with a guardian and two witnesses.”
The hadīth: “There‟s no marriage except with a guardian” is related in five different chains of transmission by an-Nisā‟i, Ahmed [bin Hanbal], and Ibn Māja.
Muhammad, in his chain of authority, narrated on the authority of Abu Hurayra: “The Messenger of Allah, peace and blessings be upon him and his progeny, said: ((There‟s no marriage to a woman with a woman as a guardian and a woman cannot be a guardian of herself)).” This is also narrated by Ibn Māja and ad-Daraqutni. This is a proof for the invalidity of temporary marriage because in a temporary marriage, there is no guardian or witnesses.
This is supported by the statements of Allah, the Exalted: {…so, marry them [i.e. the women] with the permission of their people} (Q. 4:25), {Marry the unmarried amongst you} (Q. 24:32), {Do not refuse them to remarry their husbands if they agree to each others‟ conditions} (Q. 2:232), and {Do not marry the idolaters until they believe} (Q. 2:221). In all of these verses are injunctions for men to marry. Observe how Allah says: {Do not marry the idolaters}. It is a designation for those to marry other than themselves. That is, they are not to marry the women of the idolaters. He also says: {Do not marry the idolatress} (Q. 2:221). This designates a marriage, because marriage is the place of the man to marry himself.
Mu`ayyad Billah says concerning the prohibition of temporary marriage: “It is the statement of all of the Zaydis. The rest of the scholars rumoured regarding its expiration. It was permitted at a time but it invalidated the condition: (meaning that the duration of the designated condition made marriage easier. Allah knows best. This was presented by the author. May Allah protect him!) The Imamites hold that it is permissible (halāl).”
IV. Anal Intercourse with Women
Among the differences between us and them is anal intercourse with women. They permit it, and we prohibit it. The evidence that they use is what Allah, the Exalted, delivered to the people of Lot specifically prohibiting anal intercourse with the messengers. Allah punished them with a severe punishment. There‟s no difference between the anal intercourse with women or men because the error of the prohibition exists concerning both of them. It is a disgusting thing that is injurious. Every aspect has the judgment attached to it.
The prophet Lot, upon him be peace, informed them that they [his daughters] were out of the harm