Is the aforementioned 'Urfi marriage, which took place without the guardian's knowledge, without the payment of a dowry, and with witnesses whom the wife did not see, invalid according to the rulings of the other schools of thought besides Abu Hanifa, and does this entail that the wife is free and does not need a divorce?
The guardian (wali) is a condition for the validity of marriage according to the majority of jurists, in contrast to Abu Hanifa. The opinion of the majority is the preponderant one. If the marriage was conducted in emulation of Abu Hanifa's madhhab, it is valid according to his madhhab. It is not a condition for the woman to see the witnesses or for them to sign, but rather for them to be present and to hear the offer and acceptance in the marriage assembly. If they are not present, the contract is void. If the marriage is valid, then the wife's leaving her husband's house without his permission is not permissible and constitutes nushuz (disobedience). If she dislikes remaining with him, she can seek khul' (divorce at the wife's instance). If the marriage is void, then separation occurs through annulment or divorce. The rulings of a valid marriage apply to this marriage because it is of the same type as a marriage whose invalidity is disputed. It is not permissible for someone whose marriage contract was based on a madhhab that deems it valid to switch to another madhhab that deems it invalid.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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