Marriage without Wali as per Hanafi madhab الزواج بدون ولي

Описание: It is not permissible for a man to marry a woman without the permission of her guardian, whether she is a virgin or previously-married. This is the view of the majority of scholars, including al-Shaafa'i, Maalik and Ahmad. This is based on evidence which includes the following:

The verses in which Allaah says (interpretation of the meaning):

"do not prevent them from marrying their (former) husbands"

[al-Baqarah 2:232]

"And do not marry Al-Mushrikaat (idolatresses) till they believe (worship Allaah Alone)"

[al-Baqarah 2:221]

"and marry those among you who are single"

[al-Noor 24:32]

The point here is that these verses clearly stipulate that there be a guardian in marriage, because Allaah is addressing the guardian with regard to the marriage of the woman under his care. If the matter were up to her and not him, there would be no need to address him.

It is indicative of Imam al-Bukhaari's deep understanding of issues of sharee'ah that he quoted these verses in a chapter which he entitled "Baab man qaala la nikaaha illa bi wali (Chapter on those who say that there is no marriage without a guardian)."

It was narrated that Abu Moosa said: The Prophet (peace and blessings of Allaah be upon him) said: "There is no marriage without a guardian."

(Narrated by al-Tirmidhi, 1101; Abu Dawood, 2085; Ibn Maajah, 1881. Classed as saheeh by Shaykh al-Albaani (may Allaah have mercy on him) in Saheeh al-Tirmidhi, 1/318)

It was narrated that 'Aa'ishah (may Allaah be pleased with her) said: The Messenger of Allaah (peace and blessings of Allaah be upon him) said: Any woman who gets married without the permission of her guardian, her marriage is invalid, her marriage is invalid, her marriage is invalid. But if the marriage is consummated then the mahr is hers because she has allowed him to be intimate with her. If they dispute, then the ruler is the guardian of the one who has no guardian."

(Narrated by al-Tirmidhi, 1102; Abu Dawood, 2083; Ibn Maajah, 1879. Classed as saheeh by al-Albaani in Irwa' al-Ghaleel, 1840)