What is the ruling on an oral marriage without a guardian (wali), but with the presence of witnesses and a dowry (mahr), and consummation having occurred thereafter, according to the madhhab of Imam Abu Hanifa?
Source: FtawySummarized from the full answer at Ftawy · reviewed Sep 2, 2026
Marriage without a guardian is valid according to Abu Hanifa if other conditions are met, such as the presence of witnesses, the designation of the spouses, and offer and acceptance.
This marriage is valid according to the Hanafi school but void according to the majority of scholars, who deem that it must be annulled, unless a Sharia judge ratifies it or rules it to be valid, or if it is conducted by someone who follows the Hanafi school. In this case, the marriage is valid, and its lack of written documentation does not affect it; otherwise, it is corrupt according to the majority school.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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