Is the marriage contract between a man and a woman valid, according to Sharia in the Hanafi school of thought, taking into consideration the unjustified refusal of the father and brother?
If a woman desires to marry a suitable man (kufu') but her guardian prevents her, the majority of jurists hold that she cannot marry without a guardian, and she must refer the matter to the Sharia judge. However, Imam Abu Hanifa holds that a mature, رشيدة (sensible/competent) woman can validly marry herself off. Based on the opinion of the majority (which is the one adopted for fatwas), the contract concluded without a guardian is void. Since its validity is disputed, the husband must divorce her; if he does not, the ruler (judge) shall annul the marriage. In summary, this contract is void according to the majority and must be annulled or divorced from. Then, the contract can be renewed with the consent of the original guardian or his representative.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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