What is the legal evidence relied upon by Imam Abu Hanifa regarding the permissibility and validity of the marriage of an adult, sane woman without the condition of a guardian's presence?
Source: FtawySummary from Ftawy's records · added here Sep 2, 2026
Scholars have differed regarding the validity of marriage without a guardian (wali). Some, like Abu Hanifa, Zufar, Al-Sha'bi, and Al-Zuhri, asserted its validity. They based their argument on the Almighty's saying: "There is no blame upon you for what they do with themselves in a lawful manner," and the : "The previously married woman has more right to herself than her guardian." However, the majority of scholars stipulate the guardian's presence for the validity of the marriage contract.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- 61681
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