• �Introduction Women require a wali (guardian) who ensures and secures their rights. The questi on over here is whether the woman needs permission from her wali to marry or whe ther she has the right to marry anyone whom she likes without permission.
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The Sh afi’i, Maliki and Hanbali schools say that nikah entered into by a woman herself, without the permission of her wali, is invalid and void. The Hanafi ruling on th is matter is that a woman can enter into a marital contract by herself without p ermission from her wali. The definition of such a “woman” will come later on and it does not incorporate every woman. The position of all the four schools in Ahl al-Sunnah wal Jama’a is that the rulin gs of all four schools of thought are valid. However, the ghair muqallid accuse the Ahnaf of following an opinion contrary to hadith.
This allegation of theirs is quite baseless and it is only due to their superficial knowledge of hadith as well as of the ruling of the Hanafi school that they raise such allegations. Hanafi Position Before we go into the evidences, it is better to clarify what the Hanafi positio n is regarding this matter. It is stated that an adult, sane woman, virgin or pr eviously married, has the right to carry out her nikah without the permission of her wali (guardian) to someone who is suitable. This step is to be used as a la st resort when all other steps have been exhausted to obtain permission from the father. It is stated in Imdad ul-Mufteen pg 440: “Nikah of a woman without permission of father is valid but if this woman marries without permission in the absence of a valid legal reason, then she is sinful.
F irstly, it is a sin to displease the father without any valid cause. Secondly, t o marry without permission of the wali is also a shameless act and not void of s in.” Hence it is seen that a woman should marry herself off to someone suitable only if it is extremely necessary.
Rockstar Free Download Reece Mastin Audition on this page. However, if the woman marries herself off to someo ne who is unsuitable, then such a marriage has not taken place. It is stated in Durr al-Mukhtar vol.2 pg 29: “If a woman marries a ghair kufu’ (unsuitable) man without the permission of her wal i, then this is invalid.” The marriage will only be valid if the woman marries a kufu’. If her wali, however, gives permission for her to marry a non-kufu’ then the marriage will be valid.
This was the gist of the Hanafi position regarding marriage of an adult, sane, f ree woman who is a virgin or previously married, without the wali’s permission. Evidence for Maliki, Shafi’i and Hanbali schools Qadhi Abu’l Waleed Muhammad bin Ahmed Ibn Rushd Maliki (rh), in Bidayatul Mujtahid vol.2 pg. 6-7, writes: • “Imam Malik (rh), in Ashhab’s narration from him, said that there is no marriage wit hout a guardian and that it (guardianship) is a condition of validity.....The fourth opinion is Malik’s (rh), as derived from ibn al-Qasim’s narration that its stipulation as a demand is Sunnah, but not Fardh. This is because it is narrated from him that he used to view inheritance among parties married withou t a guardian (as valid), and permitted an unchaste woman to appoint a man as her guardian for her marriage, and he held as recommended that a deflowered woman p resent a guardian who could contract on her behalf. Thus, guardianship for him i s one of the complementary demands and not a condition for validity, as against the statement of Malik’s (rh) disciples from Baghdad, who consider it a condition of validity and not that of perfection.
