What is the evidence for Imam Malik's not stipulating witnesses, and Imam Abu Hanifa's not stipulating a guardian (wali) in marriage, despite the existence of the hadith "There is no marriage except with a guardian and two just witnesses" and other hadiths that mandate a guardian and a witness? And is it permissible to adopt their view when marrying, such that the marriage is concluded without a guardian or witnesses?

A Muslim is not permitted to abandon work based on mere sayings for which there is no known proof, especially when he possesses knowledge. The fundamental principle concerning sexual relations is prohibition, and caution is required in such matters. Scholars have forbidden the seeking of dispensations. It is not characteristic of students of knowledge to search for the mistakes of scholars. Marriage without a guardian (wali) and witnesses is precisely the secret marriage that is forbidden. The Malikis consider the contract valid initially without attestation, but cohabitation is not permissible before attestation or public declaration. The Hanafis consider the guardian a condition of perfection and cite the verse: "So there is no blame upon you for what they do with themselves in a lawful manner," and the hadith: "A non-virgin woman has more right to herself than her guardian," and a saying attributed to Ali (may Allah be pleased with him). The saying of Ali is countered by the argument that it is a saying of a Companion contradicted by authentic hadiths. The hadith "A non-virgin woman has more right to herself" implies that a contract should not be made without her consent, not that she can contract her own marriage without a guardian.