The Views of The Women Activists in Sri Lanka on The Validity of Walī in A Marriage: A Juristic Analysis

The women activists in Sri Lanka, namely the Muslim Women Research and Action Forum (MWRAF) advocate for reform in the Muslim Marriage and Divorce Act of Sri Lanka (MMDA). Nonetheless, since the Shāfiʿī Madhhab is predominant in Sri Lanka, the All-Ceylon Jam-e-athul Ulama (ACJU) the mainstream organization of the jurists in Sri Lanka refutes the demands of the MWRAF. Consequently, there has been a deadlock over the years between the MWRAF and the ACJU. Hence, this research aims to analyse the critiques of the MWRAF regarding the validity of Walī (legal guardian) in a marriage and the responses of the ACJU. Accordingly, it explores the arguments of the women activists and their justifications such as the prioritisation of the opinions of the Ḥanafī jurists, refusal of the Ḥadīths regarding the Walī and the claim that the Ḥadīths regarding the Walī are contradictory to the Qur’an. Moreover, it analyses the coercion of matured and unmatured bride. Since this is a juristic analysis, it draws on the Quran, the Ḥadīths and the opinions of the classical and the modern jurists. Finally, this research finds that the critiques of the women activists are against the majority opinion of the jurists and proves that validating the marriage without Walī cause detrimental effects in the Muslim Community of Sri Lanka. Hence, this research enlightens the women activists regarding validity of Walī in a marriage providing the persuasive evidence from the divine texts and the prominent jurists.


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Mohamed Buhary Fowzul the Salihun (pious, fit and capable ones) of your (male) slaves and maid-servants (female slaves)" . This verse commands the guardians directly. So, this is evidence that the women are not authorised to contract the marriage without a Walī (Al-Qurṭubī, 2006, 12|239). 2. "And give not (your daughters) in marriage to al-Mushrikin" . al-ʿAsqalānī (9|90) elaborates that: "The Almighty Allah instruct the men to contract the marriage, but he does not command women". al-Qurṭubī (2006, 3|72) emphasizes that: "this verse orders, in other words, 'O guardians, do not merry your wards off to polytheists'. Then, this verse is explicit evidence that there is no marriage without a Walī. 3. "Wed them with the permission of their folk (guardians, Awliya' or masters)" . In this verse, the Almighty Allah instructs the men to marry the women with the permission of the bride's guardians. The Almighty did not instruct the women. Had they have any right in contracting their marriage, He would have mentioned (al-Qurṭubī, 2006, 3|73). 4. "He said: I intend to wed one of these two daughters of mine to you, on condition that you serve me for eight years" . This verse describes that Ṣāliḥ (A.S.) assigned the task of contracting the marriage of his daughter. He did not let her undertake it herself. Accordingly, al-Qurṭubī emphasises that: "this verse also stresses that the contracting marriage is a duty of the guardians and there is no right for a woman in this regard. Therefore, Ṣāliḥ (A.S.) undertook it. 5. "And when you have divorced women, and they have fulfilled the term of their prescribed period, do not prevent them from marrying their (former) husbands, if they mutually agree on a reasonable basis." (al-Baqarah:232).
Al-Ḥasan narrated that: "Concerning the Qur'anic verse: 'Do not prevent them'(al-Baqarah:232), Maʿqil bin Yasar told me that it was revealed in his connection. He said, "I married my sister to a man, and he divorced her, and when her days of 'Iddah (three menstrual periods) were over, the man came again and asked for her hand, but I said to him, 'I married her to you and made her your bed (your wife) and favoured you with her,

VALIDITY OF WALĪ IN A MARRIAGE: A JURISTIC ANALYSIS
but you divorced her. Now you come to ask for her hand again. No, by Allah, she will never go back to you (again)!' That man was not bad, and his wife wanted to go back to him. So, Allah revealed this verse: 'Do not prevent them' . So, I said, 'Now I will do it (let her go back to him), O Allah's Messenger (PBUH). "So, he married her to him again" Ḥadīth No:5130). Hence, this verse explicitly proclaims a guardian's vitality in the marriage while it asserts a woman's dependence on her guardian (al-ʿAbādī, 1995(al-ʿAbādī, , 1262. Besides, Ibn Ḥajar al-ʿAsqal-ānī asserts that 'this verse is explicit evidence to signify the sense of guardian. Otherwise, there is no meaning to this verse. If a woman could marry herself, the sister of Muʿaqqil would not have complained to the Prophet (PBUH) (Fatḥul Bārī,Ḥadīth No:4529).
Moreover, the following Qur´anic verses also stress the significance of 'Walī' such as "Wed them with the permission of their folk (guardians, Awliya' or masters)" (al-Nisā':25), and "And marry those among you who are single (i.e. a man who has no wife and the woman who has no husband) and (also marry) the Sālihūn (pious, fit and capable ones) of your (male) slaves and maid-servants (female slaves)" (al-Nūr:32).
Simultaneously, there are numerous Ḥadīth elucidating the accountability of legal guardian in solemnising the marriage as follow: 1. Abū Mūsā al-Ashʿarī (R.A.) narrated: The Prophet said, "There is no marriage without the permission of a guardian" (Abū Dāwūd, Ḥadīth No: 2085). 2. ʿĀ´ishah (R.A.) narrated: The Prophet (PBUH) said: "The marriage of a woman who marries without the consent of her guardians is void. (He said these words) three times. If there is cohabitation, she gets her dower for the intercourse her husband has had. If there is a dispute, the sultan (man in authority) is the guardian of one who has none" (Abū Dāwūd, Ḥadīth No: 2083). 3. Abū Hurairah (R.A.) narrated, the Prophet said: "No woman should arrange the marriage of another woman, and no woman should arrange her marriage. The adulteress is the one who arranges her marriage" (Ibn Mājah, Ḥadīth No:1956).
The above Aḥādīth demonstrate that 'a woman cannot act as a guardian and cannot marry anyone without the consent of Walī. al-Shāfiʿī (2001, 6|34) highlights that: "ʿUmar annulled the marriage of a woman who married without her Walī".

Validating the Marriage without Walī
Nonetheless, Abū Ḥanīfah, Ibn Sīrīn, al-Shaʿabī, al-Zuhrī and Qatātah argue that a grown-up woman can contract her marriage herself. The Walī is not stipulated for her marriage, whether she is a virgin or widow (al-Sarkhasī, 5|12).
They pinpoint that there are great testaments in the Qur´an and the Prophetic traditions granting women the permission for solemnising her marriage herself such as: 1. "And if he has divorced her (the third time) then she is not lawful unto him, thereafter until she has married another husband (al-Baqarah:230)". In this verse, Almighty Allah connects the marriage contract and the right of retrieval to the woman without mentioning the Walī. Hence, the woman has the right to contract her marriage herself without the participation of Walī (Al-Kāsānī, 2003, 373). 2. "And a believing woman if she offers herself to the Prophet, and the Prophet wishes to marry her -a privilege for you only, not for the (rest of) the believers" (al-Aḥzāb:50). This verse is explicit evidence to consider a woman's word in the marriage and its validity by her word or by offering herself (Al-Kāsānī, 2003, 372). 3. And "And when you have divorced women and they have fulfilled the term of their prescribed period, do not prevent them from marrying their (former) husbands, if they mutually agree on a reasonable basis (al-Baqarah:232)", and "there is no sin on you if they (the wives) dispose of themselves in a just and honourable manner (i.e. they can marry) (al-Baqarah:234)".
Elaborating the above Qur´anic verses, al-Sarkhasī stresses that the almighty Allah allowed the woman to solemnise her marriage without the consent of Walī. Besides, Allah has forbidden the guardians not to prevent the woman to marry themselves if the spouses are satisfied with the marriage. Eventually, the women are permissible to marry themselves (Al-Sarkhasī, Vol.5, 10).

VALIDITY OF WALĪ IN A MARRIAGE: A JURISTIC ANALYSIS
Besides, citing the Ḥadīth, "The matron has more right to herself than her Walī, and the virgin is to give permission for herself, and her silence is her permission" al-Tirmidhi, Ḥadīth No:1108. Abū Ḥanīfah, Awzāʿī, Abū Thawr claim that this Ḥadīth provides the women with the power and privilege more than her Walī. Hence, she can contract her marriage herself without the consent of Walī.
Moreover, they cite the following Ḥadīth, "A girl came to the Prophet and said: 'My father married me to his brother's son so that he might raise his status thereby.' The Prophet gave her a choice, and she said: 'I approve of what my father did, but I wanted women to know that their fathers have no right to do that" (Ibn Mājah, Ḥadīth No:1947).
Similarly, Khansā' bint Khidhām narrated: "that her father gave her in marriage when she was a matron, and she disliked that marriage. So, she went to Allah's Messenger (PBUH), and he declared that marriage invalid" Ḥadīth No:5138), and the Prophet (PBUH) said: "A guardian has no concern with a woman previously married and has no husband" (Abū Dāwūd, Ḥadīth No:2100). Likewise, A woman solemnised the marriage of her daughter with her consent. Then the Walī (legal guardians) complained about her to ʿAlī (R.A). However, ʿAlī (R.A.) authorised that solemnisation (Ibn Abī Shaybah, Ḥadīth No:15952).
Considering the authorisation of ʿAlī (R.A.) as evidence, al-Sarkhasī stresses that "if a woman married herself or authorised a person who is not a legal guardian for her and accordingly, he solemnised her marriage. Then marriage would be validated.

Permission for Women to Contract the Marriage with the Consent of the Walī
Abū Thawr and Muḥammad bin al-Ḥasan opine that if a woman contracts her marriage or others' marriage with the consent of her guardian, the marriage will be valid drawing on the Ḥadīth: "The Messenger of Allah (PBUH) said: The marriage of a woman who marries without the consent of her guardians is void. (He said these words) three times. If there is cohabitation, she gets her dower for the intercourse her husband has had. If there is a dispute, the sultan (man in authority) is the guardian of one who has none" (Abū Dāwūd, Ḥadīth No:2083).
They argue that this Ḥadīth stipulates the consent of Walī. Therefore, this Ḥadīth's connotation denotes that the marriage will be valid if the Walī grants permission. Because the marriage contract is suspended upon the consent of Walī (Ibn Qudāmah, 1992).

Differentiation between Virgin and Widow
However, al-Ẓāhirī differentiate between widow and virgin and allow the widow to contract her marriage herself without Walī's consent. But he necessitates the consent of Walī for virgin, quoting the Ḥadīth, "A woman without a husband has more right to her person than her guardian, and a virgin's consent must be asked from her, and her silence implies her consent" (Muslim, Ḥadīth No:1421).

AUTHORITY OF WALĪ IN CHILD MARRIAGE
The small boy is not aware of the maṣlaḥah (interest) for him in the marriage and the maṣlaḥah of his prospectus wife. Hence, the jurists prevented the participation of children themselves in their marriage contract and provided the full authority and rights to the Walī for solemnising the marriage of minor boy and minor girl with the condition of prioritising the father and grandfather to be Walī as they are aware of their children rather than others (Nawāhiḍah and al-Mu'minī, 2010, 93).
To fulfil the benefits (maṣlaḥah) of children, the jurists impose the following stipulations: 1. Walī should be the father and not others (according to Mālik, Aḥmad and numerous jurists). However, imam Shāfiʿī included grandfather with father. 2. (Maṣlaḥah) the benefits of a minor boy and a minor girl in the marriage should be materialised. 3. The compatibility of the spouses should be confirmed.

VALIDITY OF WALĪ IN A MARRIAGE: A JURISTIC ANALYSIS
However, Ibn Ḥazm (9|458) differentiates between a minor boy's marriage and a minor girl's marriage stressing the permissibility of contracting a minor girl's marriage while nullifying the boy's marriage.

COERCING THE BRIDE FOR MARRIAGE
The coercing bride can be considered in three types: the widow (thayyib), the virgin (bikr), and the unmatured girl.

Coercing the Widowed Woman for the Marriage
There are two differing views regarding the coercion of widowed brides. Most of the jurists forbid compelling widowed women for the marriage, while others allow the forced marriage.
The jurists cite several Ḥadīth such as the narration of Khansā' bint Khidhām: "that her father gave her in marriage when she was a matron, and she disliked that marriage. So, she went to Allah's Messenger (PBUH), and he declared that marriage invalid" (al-Bukhārī, Ḥadīth No:5138).
Furthermore, the Prophet declared that: "The matron has more right to herself than her Walī, and the virgin is to give permission for herself, and her silence is her permission" (al-Tirmidhi, Ḥadīth No:1108.) and "A woman without a husband has more right to her person than her guardian, and a virgin's consent must be asked from her, and her silence implies her consent" (al-Tirmidhi, Ḥadīth No:1108).

Nonetheless, al-Ḥasan al-Baṣarī and Ibrāhīm al-Nakhaʿī opine that the
Walī can contract the marriage without the consent of his ward despite her despise. In contrast, Ismāʿīl bin Isḥāq mentions that this is the rarest opinion that contradicts with the Sunnah and the scholars (Al-Shimrānī, 2007, 476). Furthermore, Ibn Taymiyah (2004, 32|40) elaborates that "the scholars hold divergent views on obtaining consent, whether obligatory or optional. However, it is obligatory".

Coercing the Grown-up Virgin for the Marriage
Al-Baghavī asserts that: "If there is a marriage without Walī, it would be nullified according to the Ḥadīth "The Messenger of Allah (PBUH) said: The marriage of a woman who marries without the consent of her guardians is void. (He said these words) three times. If there is cohabitation, she gets her dower for the intercourse her husband has had. If there is a dispute, the sultan (man in authority) is the guardian of one who has none" (Abū Dāwūd, Ḥadīth No:2083). Thus, this Ḥadīth is evidence that the marriage contract would not be a matter pending the approval of Walī (al-Baghavī, 1983, 9|42).

VALIDITY OF WALĪ IN A MARRIAGE: A JURISTIC ANALYSIS
the consent of her guardians is void. (He said these words) three times" (Abū Dāwūd, Ḥadīth No:2083). Imam Shāfiʿī stresses that: "the statement of the Prophet nullified the marriage contract without Walī. Hence, if that marriage is invalid, it should be reinstated by another new contract" (al-Shāfiʿī, 2001).

Coercing the Unmatured Girl for the Marriage
There are two differing views on the legality of contracting the marriage of an unmatured girl. "There are no divergent views on the marriage of an unmatured girl as Ibn Mundhir mentions it: "all scholars whom I memorised from them consistently agree that it is permissible if a father contracts the marriage of his unmatured daughter to a compatible bridegroom despite her disdain and denial".
2. In contrast, Ibn Shubrumah and Abu Bakr al-Asammu opine that: "the father is not authorised to contract the marriage of unmatured boys and girls until they attain the puberty and consent for the marriage (al-Sarkhasī, 4|212). They cite the verse "And try orphans (as regards their intelligence) until they reach the age of marriage; if then you find sound judgement in them, release their property to them" (al-Nisā':06), and justify that there is no meaning to this verse if the marriage before the puberty is permissible and there is no need to contract the marriage of unmatured boy and girl. Because the main objective of the marriage is curbing the passion and reproducing the generation. Nevertheless, childhood does not cope with those intentions (al-Shimrānī, 2007, 472).
Hence, the woman activists argue that the involvement of Walī prevents the freedom of choice and other marital freedom of women and misinterpret the texts. Moreover, they criticise the veracity of Ḥadīth, which emphasises the importance of Walī.
On the contrary, this researcher relies on the jurists' consensus, who assures the vitality of Walī in a marriage. Though the Ḥanafī Jurists hold differing views, they also accept the authority of Walī in a marriage contract.

VIEWS OF THE WOMEN ACTIVISTS ON THE VALIDITY OF WALĪ IN A MARRIAGE
The MWRAF first lobby for the absolute freedom in choosing a bridegroom and contracting the marriage without walī and his interference drawing on Ḥanafī jurists' opinions. Then, they argue that the Ḥadīths related to walī contradict the Qur'anic verses. Finally, they accentuate that those Ḥadīths are not authentic enough but weak (ḍaʿīf). Hence, their arguments are analysed under the following titles.

Analysis of the Opinions of Ḥanafī Jurists regarding the Walī
When it comes to analysing the opinions of Ḥanafī jurists, Ibn Ābdīn states that: "The Ḥadīth 'The marriage of a woman who marries without the consent of her guardians is void. (He said these words) three times. If there is cohabitation, she gets her dower for the intercourse her husband has had. If there is a dispute, the sultan (man in authority) is the guardian of one who has none' (Abū Dāwūd, Ḥadīth No:2083), and the Ḥadīth 'There is no marriage without the permission of a guardian' (Abū Dāwūd, Ḥadīth No:2085) contradict the Ḥadīth, 'The matron has more right to herself than her walī, and the virgin is to give permission for herself, and her silence is her permission'" (al-Tirmidhī, Ḥadīth No:1108). Al-Ayyim denotes to 'a woman who has no husband, whether she is a virgin or widow, the walī has no right to involve in her marriage except her concerns, Since the

VALIDITY OF WALĪ IN A MARRIAGE: A JURISTIC ANALYSIS
woman has more rights than her walī' (Ibn ʿĀbdīn, 2003, 155).
Furthermore, al-Jaṣṣāṣ interprets that 'lā taʿḍulūhunna' in the Qur'anic verse "And when you have divorced women and they have fulfilled the term of their prescribed period, do not prevent them from marrying their (former) husbands, if they mutually agree on reasonable basis" (al-Baqarah:232) means do not prevent them or do not compel them for the marriage. So, this verse constitutes the validity of a marriage without walī and the permission of walī in two ways. First, this verse connects the contract with her regardless of the permission of her walī. Secondly, this verse forbade the compulsion or interference of the walī if the spouses agree to marry (al-Jaṣṣāṣ, 1992, 100).
In addition to that al-Jaṣṣāṣ elaborates that the Qur'anic verse "and if he has divorced her (the third time) then she is not lawful unto him, after that until she has married another husband" (al-Baqarah:230) also allows the women to contract the marriage without the walī. Furthermore, al-Jaṣṣāṣ deduces the evidence from the incident of a woman who gifted herself to the Prophet (PBUH). Hence, al-Jaṣṣāṣ stresses that the Prophet (PBUH) did not ask her whether she has walī or not and the Prophet (PBUH) also did not stipulate the walī for the validity of her marriage (al-Jaṣṣāṣ, 1992, 100-104).
It was narrated from Umm Salamah that when her 'Iddah had ended, Abū Bakr sent word to her proposing marriage to her, but she did not marry him. Then the Messenger of Allah sent ʿUmar bin Al-Khattab with a proposal of marriage. She said: "Tell the Messenger of Allah that I am a jealous woman and that I have sons, and none of my guardians is present". He went to the Messenger of Allah and told him that. He said: "Go back to her and tell her: As for your saying that you are a jealous woman, I will pray to Allah for you to take away your jealousy. As for your saying that you have sons, your sons will be taken care of. And as for your saying that none of your guardians are present, none of your guardians, present or absent, would object to that". She said to her son: "O ʿUmar, get up and perform the marriage to the Messenger of Allah", so he performed the marriage" .

Responses to the Interpretations of the Ḥanafī Jurists
On the contrary, most of the jurists emphasise the vitality of walī. Ibn ʿAbd al-Barr states that: "the Qur'an and the Sunnah explicitly constitutes that there is no marriage without walī. So, there is no meaning to which that contradicts with both the Qur'an and the Sunnah" (Ibn ʿAbd al- Barr, 2008, 30).
The Ḥadīth "The matron has more right to herself than her walī, and the virgin is to give permission for herself, and her silence is her permission" (al-Tirmidhi, Ḥadīth No:1108) stipulates the expression of a widow's consent concerning her marriage regardless of a virgin. Hence, this Ḥadīth, differentiate between widow and virgin only in the expression methods not in the stipulation of walī. Therefore, the sister of Maʿqal depended on the approval of her brother despite being a divorcee. Accordingly, al-Shāfiʿī delineates that the widow and virgin will not marry without walī. But the walī will contract the marriage with the explicit concern of his ward whereas the walī of a virgin is authorised to contract the marriage of his ward without her command. Because he has more rights on the virgin regardless of the widow.
When we delve into the deduction of Ḥanafī jurists for allowing the marriage without walī from the Qur'anic verse "And when you have divorced women and they have fulfilled the term of their prescribed period, do not prevent them from marrying their (former) husbands, if they mutually agree on reasonable basis (al-Baqarah:232)". The background incident of the same verse has a complete response to them. When her sister complained to the Prophet (PBUH) about her brother's interference in her marriage, the Qur'anic verse was revealed, and the Prophet (PBUH) explained the matter to her brother. Then, comprehending the law, her brother said to the Prophet (PBUH) 'O messenger of Allah, now I perform it' Ḥadīth No:5130). Hence, Ibn ʿAbd al- Barr (2008, 25) argues that if he (Maʿqal) has not any right in the marriage contract, he would not have prohibited forcing her. Similarly, if he had no authority over her, the Prophet would not have summoned him, and he would not have told 'I perform it'.
As for their argument regarding the verse, "and if he has divorced her (the third time) then she is not lawful unto him, thereafter until she has married another husband (al-Baqarah:230)". This verse also can be under-

VALIDITY OF WALĪ IN A MARRIAGE: A JURISTIC ANALYSIS
stood by the background incident of the revelation. Since this Ḥadīth lucidly elucidates the intended objective of this the Qur'anic verse. "A person divorced his wife by three pronouncements; then another person married her, and he also divorced her without having sexual intercourse with her. Then the first husband of her intended to remarry her. It was about such a case that Allah's Messenger (PBUH) was asked, whereupon he said: No, until the second one has tasted her sweetness as the first one had tasted" (Muslim, Ḥadīth No:1433).
Interpreting this verse, "And if he has divorced her (the third time), then she is not lawful unto him thereafter until she has married another husband (al-Baqarah:230)", al-Qurṭubī (2006, 4|90) asserts that the word 'Nikah' denote the coitus, not the marriage, as it is interpreted by Ibn Kathīr "if a man divorces her wife the third time. Accordingly, she completed her ʿIddah, she would be forbidden for him until she marries another husband, in other words, 'until she is copulated' by another husband through a valid marriage" (Ibn Kathīr, 1999).
If we analyse the Ḥadīth of a woman who gifted herself to the Prophet (PBUH), it is an exclusive privilege only to the Prophet (PBUH) regardless of others as the Qur'an declares it: "And a believing woman if she offers herself to the Prophet, and the Prophet (PBUH) wishes to marry her -a privilege for you only, not for the (rest of) the believers" (al-Aḥzāb:50). Moreover, being a ruler and a leader, the Prophet was authorised to contract the marriage of those who have no walī as the Ḥadīth delineates it "the ruler is the guardian of the one who does not have a guardian" (Ibn Majah, Ḥadīth No:1953). Therefore, the Prophet (PBUH) contracted the marriage of the woman. al-Bukhārī has recorded this Ḥadīth under the title 'Sultan as a walī'.
When we analyse the Ḥadīth of Ummu Salamah, "Tell the Messenger of Allah that I am a jealous woman and that I have sons, and none of my guardians is present", He went to the Messenger of Allah and told him that. He said: "Go back to her and tell her: As for your saying that you are a jealous woman, I will pray to Allah for you to take away your jealousy. As for your saying that you have sons, your sons will be taken care of. And as for your saying that none of your guardians are present, none of your guardians, present or absent, would object to that". She said to her son: "O 'Umar, get up and perform the marriage to the Messenger of Allah" so he performed the marriage .
Al-Albānī states that: "this Ḥadīth is ḍaʿīf -not authenticated" (Al-Albānī, 1985, 6|251). Besides, the command of Ummu Salamah to her son also confirms its weakness. Because her son ʿUmar was two years old when she married the Prophet (PBUH). Her son was unable to understand the contract and incapable to be a walī (al-Shawkānī, 2004, 6|141). Furthermore, the narration of Ummu Salamah does not state that she married without walī. Because the Prophet (PBUH) was the walī for those who have not walī. Even if they argue that she married without walī, it may be an exclusive privilege only to the Prophet (PBUH).
Moreover, Ummu Salamah's pride imply that she was the only one who married the Prophet (PBUH) without walī. Because Almighty Allah was her walī, "When this Ayah was revealed about Zainab bint Jahsh: 'So when Zaid had completed his aim with her, we gave her to you in marriage' (al-Aḥzāb:37), 'She used to boast to the wives of the Prophet (PBUH): Your families married you (to him) while Allah married me (to him) from above the Seven Heavens" (al-Tirmidhi:3519).

Analysis on Refusal of the Ḥadīths
The MWRAF argues that: "the Ḥadīths which stipulate the walī`s permission are fallacious. Because the Ḥadīth "There is no marriage without the permission of a guardian" (Abū Dāwūd, Ḥadīth No:2085)

VALIDITY OF WALĪ IN A MARRIAGE: A JURISTIC ANALYSIS
Ḥadīth has a weakness, numerous narrations rectify the Ḥadīth from its deficiency".
To make it crystal clear, all the Ḥadīth related to walī are justified below: 1. The Prophet (PBUH) said, "A matron should not be given in marriage except after consulting her; and a virgin should not be given in marriage except after her permission". The people asked, "O Allah's Messenger (PBUH)! How can we know her permission"? He said, "Her silence (indicates her permission)" Ḥadīth No:5136). This Ḥadīth was narrated by Bukhārī and Muslim. Therefore, there is no room to challenge its authenticity.
2. ʿĀ'ishah (R.A.) narrated: The Prophet (PBUH) said: "The marriage of a woman who marries without the consent of her guardians is void. (He said these words) three times. If there is cohabitation, she gets her dower for the intercourse her husband has had. If there is a dispute, the sultan (man in authority) is the guardian of one who has none" (Abū Dāwūd, Ḥadīth No:2083). This Ḥadīth is authenticated by Ibn Mājah, Tirmidhī, Dāramī, Ḥākim, Abū Dāwūd. None of them weakened this Ḥadīth. Moreover, al-Albānī has attested the authentication of this Ḥadīth.
On the contrary, Ibn ʿAdī elaborates that: "The narration of this Hadīth through ʿAbdullah Ibn ʿAmr al-Wāqiʿī has a deficiency. However, there are several other ways of narration for this Ḥadīth. For instance, Ibn Hibbān brings this Ḥadīth through the narration of ʿAbd al-Rahmān Moreover, it should be noted that stipulating the walī in the marriage does not mean the coercion of brides as well as stipulating the consent of brides does not degrade the vitality of walī.

Conclusion
The MWRAF lobbies to enact the opinions of Ḥanafī jurists regarding the Walī. Nevertheless, the ACJU argues that the interpretations of the Ḥanafī jurists regarding the Quranic verses and Ḥadīths related to Walī are unacceptable since persuasive sources are stressing the vitality of Walī.
Likewise, the women activists argue that the Ḥadīths which stipulate the permission of walī are fallacious. Nevertheless, when deeply explored, it was found that though there is a deficiency in the narration of the Ḥadīth, there are some other authenticated Ḥadīth that stipulate the involvement of walī in a marriage.
Besides, women activists argue that the Ḥadīths, which stipulate walī, contradict the Quran. On the contrary, it was found that numerous Quranic verses stipulate the vitality of walī in a marriage.
Moreover, The MWRAF claim the right for women to choose their life partner as they wish, ensuring the autonomous rights of women. However, the ACJU criticises that "the demand of MWRAF for the marriage without walī encourages love marriages and relations out of the wedlock that leads to destruct the Islamic rulings and the family structure. Furthermore, if the young women were given freedom to contract their marriage themselves, they would be misguided and deceived by the evil people.
However, it was found that the parents or the guardians in Sri Lanka traditionally have more dominance on their wards that sometimes lead to a clash between them. Hence, the walī and their wards need to be enlightened about their duties and responsibilities. Then the clashes between the walī and their wards on the matrimonial matters will be wiped out. On the contrary, if the vitality of walī would be diminished, the family structure would be destroyed, and the fornications would increase among the Muslims.