What is the ruling on marrying a woman from the People of the Book or a Muslim woman without a guardian (wali), if one adopts the fatwa of Imam Abu Hanifa?
It is not permissible for a Muslim to selectively follow scholarly dispensations merely out of desire. However, if one adheres to a specific , consults trustworthy scholars, or if a Shar'i judge rules accordingly, there is no harm. Thus, if a woman marries without a guardian, following the madhhab of Abu Hanifa and considering it valid, the marriage is sound, and it does not matter if the woman is a Kitabiyyah (People of the Book). Nevertheless, the preponderant opinion according to us is that marriage without a guardian is invalid. If the woman is Muslim and the evidence preponderates for her the condition of a guardian, she must act according to the opinion of whomever she follows, and she is not obliged to follow her husband in his madhhab.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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