Is a marriage considered null and void if it was conducted without the woman's guardian (wali), especially if the contract was performed according to a madhhab that permits this, and what is the Islamic legal ruling for marriages that took place relying on the Hanafi school of thought in Uzbekistan, and must the contract be redone?
The sound evidence stipulates the presence of a wali (guardian) for the validity of marriage, and the majority of jurists have adopted this view, while the Hanafis have held that marriage is valid without a wali, relying on evidence that does not withstand the evidence of the majority. Since the issue is subject to ijtihad (independent reasoning) and the imams have differed on it, if the people of a country adopt the Hanafi madhhab, such as countries where they validate marriage without a wali, then their marriages are affirmed, and they are not required to annul them.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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