Does a woman have rights over a man after he ended his relationship with her, having married her without the knowledge of her guardian?
The majority of scholars hold the view that a woman's marriage without a guardian (wali) is invalid, a position supported by evidence from the Quran and . Imam Abu Hanifa, however, dissented, permitting the marriage of a sane, mature woman without a guardian.
Based on the majority opinion, if a marriage contract () is concluded without a guardian, its ruling is dissolution (). However, considering the view of the Hanafis, this dissolution is considered a divorce, and it is deemed an irrevocable divorce ( bain). Therefore, a woman whose marriage is dissolved due to the absence of a guardian is subject to the ruling of an irrevocably divorced woman.
It is recommended to renew the contract with its conditions and pillars if the woman is pleasing in her religion and character.
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