Is a marriage, performed by a religious volunteer (mutawwi'), an imam of a mosque, and a marriage officiant (ma'dhun), with the presence of two witnesses and a dowry, and in which the husband assumed guardianship due to the absence of the wife's guardian, valid according to the school of Abu Hanifa, despite not being documented?
The Madhhab of Abu Hanifa does not stipulate the guardian (wali) as a condition for the validity of marriage. Thus, the marriage of a free, legally competent woman without a guardian is valid according to him. As for documentation, it is not a condition for the validity of the contract, but it should not be abandoned in order to safeguard rights.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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