Abstract:

Tradition has a characteristic of managing people's behavior, forcing them to behave in a certain way. The same can be stated for religion. For this reason, religion and tradition sometimes come across on the same issue. The subject of the will of women to marry is also one of the areas where religion and tradition affect people together. During the formation of Islamic jurisprudence, the mujtahids evaluated the nass and tradition together while determining the rules of the religion, and filled the areas left blank by nass with tradition. Of course, while understanding the nass, they were influenced by the curricular tradition. The viewpoints of human beings, who witnessed a continuous development and change, can also change over time. For this reason, a behavior pattern that is considered normal in a certain period can be condemned in another period. For example, while marriage at the age of fifteen or sixteen was an ordinary behavior in the previous periods, it has become a behavior condemned especially as a result of the developments in the twentieth century. In fact, these values, which are shaped according to the general acceptance of the society, vary depending on the time and place in this aspect. Therefore, it is not a consistent way to measure and criticize some practices of past eras with today's values (anachronism). In this study, the subject of the marriage will of women, which is shaped together by nass and traditions, will be examined, and it will be tried to determine the points originating from nass and tradition. Muḥaddith stated that the isnad of the narration “the opinion of the widow and the permission of the bachelor is to be sought” was sahîh which was reported by ʿĀʾisha, Ibn ʿAbbās, and Abu Hurayra. In the current study, it was concluded that Bukhārī, Ibn Majah, Hanafis, Ibn Ḥazm and Ibn Taymiyya understood these ḥadiths as "no widow or single woman is forced to marry without her opinion". Majority , interpreted the narration according to the tradition that was common in their time and concluded that a single girl could get married without being consulted by her father or grandfather. The main reason why majority does not pay attention to the will of the woman regarding marriage is related to the interpretation of the ḥadith that there is no marriage without guardians. According to them, the authority for marriage is with the guardian, and the marriage that the guardian does not approve is invalid. However, the narration emphasizes that the will of the guardian and the woman should be in the same direction. In other words, the woman will express her will for marriage, and the guardian will confirm that her choice is appropriate. When the ḥadith is understood in this way, possible future problems regarding both the woman and the family will be prevented. Narrations about the will of the single and orphan in the marriage were conveyed with similar wording. However, while majority approve the orphan's marriage authority; not giving this authority to the bachelor gives the impression of a contradictory verdict. Moreover, the Holy Prophet found the objection of widows, orphans and single people who were married without their agreement justified, and recommended that the marriage be done according to the wishes of the women. Majority interpreted these ḥadiths as related to orphan girls. According to the situation that emerged from all these narrations, The Holy Prophet did not take away the marriage will of women; instead, he recommended to take their opinions. This is where tradition came into play. The advice of the Prophet to get the permission of the woman regarding the marriage was interpreted by majority according to tradition.

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