Answered by Shaykh Faraz Rabbani
I want to no what is the shafi opinion in regards to a women marrying with out her wali. I heard a hadth that Prophet Muhammad SAW said ” there is no nikkah without wali” Please can you verify if this hadith is authentic. Also can you please verify which one of the opinions are the strongest as i have recently come to learn that according to Hanfi fiqh, a women can get married without her wali. How can this be if there are hadith such as the above that clearly states no wali no nikkah. also i want to know apart from hanafi school of thought, what are the opinions according to the rest of the other school of thoughts in relation to a women getting married without her guardian
Assalamu alaikum wa rahmatullah
The hadith is authentic. The Hanafis understand it as being a negation of appropriateness–namely, that it is inappropriate or wrong (but not legally invalid, as a woman–like men–possesses full legal capacity) for a woman to marry without her guardian’s permission. [Marghinani/Ibn al-Humam, Fath al-Qadir `ala al-Hidaya; Ibn Abidin, Radd al-Muhtar]
Please see the following related SunniPath Answers (http://qa.SunniPath.com):
Marrying in Secret? Without Parent’s Permission? Don’t.
Doesn’t the woman need her guardian’s approval to marry?
Sinned during engagement, families want them to wait… Can they just marry in secret now befor
Marriage & a Woman’s Guardian
Jazakum Allah khayr.
And Allah alone gives success.
Faraz Rabbani
and SunniPath Answers Staff