What is your opinion on the Hanafis' view that a sane, adult woman may marry without a guardian, provided the marriage is publicly announced, and is a woman's marriage to a righteous man, of whom her parents disapprove due to a difference in nationality, considered disobedience to parents?
The majority of scholars hold the view that the guardian (wali) is a condition for the validity of marriage, and this is the preponderant opinion. A woman's initiative to marry without a guardian is unlawful () and invalid, not only because it goes against the parents' wishes, but also because it contradicts Islamic law (). If a father refuses to marry his daughter to a suitable suitor, she can refer the matter to a Sharia judge to arrange her marriage or order her guardian to do so. It is advisable for there to be compatibility between the spouses in terms of lineage and other aspects, in addition to religious commitment, to achieve stability in married life.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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