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Is it permissible to marry without a guardian (wali) according to the school of thought of Imam Abu Hanifa, especially when a second marriage is difficult due to the presence of the first wife, there is no Muslim judge, and because Christian and Jewish women (Kitabiyyat) marry without a guardian?

1 min readAlso available in العربية

If a wife does not satisfy her husband and does not fulfill his desires without a valid excuse, it is sunnah for the husband to marry another, and it may even become obligatory if he fears falling into temptation (fitna). A condition for marriage (nikah) is that it must be administered by the woman's guardian (wali), based on the Prophet's (peace be upon him) saying: "There is no marriage except with a guardian and two just witnesses," and "Any woman who marries without the permission of her guardian, her marriage is invalid." The woman's guardian is her father, then his father (paternal grandfather), then her son, then her full brother, then her paternal half-brother, then the sons of her brothers, then her paternal uncles, then their sons, then the ruler (Sultan). If the conditions of marriage are met, there is no harm in marrying a second wife, even if the divorce proceedings for the first wife are lengthy. If you fear accountability, the official documentation of the contract can be delayed, though it is preferable to document it through an Islamic center to protect rights. If there is a risk in announcing the marriage publicly, it should be confined to close relatives and trustworthy individuals. If there is offer and acceptance, witnesses, and the girl's consent, the marriage is valid even if no one else administers the contract. However, its documentation is essential to protect rights and prevent disputes. It is recommended to choose a woman of religious commitment.

Summarized from the full answer at Ftawy · reviewed Sep 2, 2026

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