Is it permissible to marry a girl without a guardian (wali) and without witnesses, with an agreement not to consummate the marriage, and how should the dowry (mahr), annulment (faskh), and renewal of the contract (tajdeed al-'aqd) be handled in this case, taking into consideration the Hanafi school of thought?
It is not permissible to marry a girl without the permission of her guardian (wali). This is the view of the majority of scholars and is the most probable opinion, as it is supported by evidence. A marriage without the guardian's permission is invalid (), and the questioner must either marry in a lawful manner or seek someone else. Furthermore, for a layperson, it is not permissible to combine different madhhabs (schools of thought) if it is driven by whims and desires. As for an invalid (batil) marriage, its dissolution occurs either by the husband divorcing or by the ruling of a judge. It may also be a condition that the woman observes a waiting period (istibra') of one menstruation before the invalid contract can be renewed. Ten dirhams of silver are estimated to be approximately 29.75 grams of silver. Its value in contemporary currency cannot be determined due to the fluctuating price of gold and silver.
Summarized from the full answer at Ftawy · imported
Read the full answer on Ftawyhttps://ftawy.com/en/questions/86056
Where this answer came from
- Source platform
- Ftawy
- Original fatwa ID
- 86056
- Imported
- Translation status
- Source text, unreviewed
- Read the full ruling
- Read the full answer on Ftawy