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Nikaah without a wali

Answered as per Hanafi Fiqh by Muftionline.co.za

Q: I made nikah with my husband. He is a Maliki . I do not folow any madhab. The imam who made a nikah implemented it without a wali according to the hanafi madhab. After I found out that there are sahih hadiths proving that there is no nikah without a wali. Also most of the madhabs don’t accept the nikah without a wali. Please help me to clear the situation, should we make a new nikah or this one is valid?

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A: According to us the nikaah is valid.

And Allah Ta’ala (الله تعالى) knows best.

Answered by:

Mufti Ebrahim Salejee (Isipingo Beach)

This answer was collected from MuftiOnline.co.za, where the questions have been answered by Mufti Zakaria Makada (Hafizahullah), who is currently a senior lecturer in the science of Hadith and Fiqh at Madrasah Ta’leemuddeen, Isipingo Beach, South Africa.

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