Can you tell me if it is correct in Shaafai Mazhab that if the Wali of a girl is presence, there is no need for witnesses. If a Baaligh girl gets married without her Wali according to Hanafi fiqh, can her Wali go to court and invalidate her Nikaah?
The Shawafee do not say that if the wali has conducted the nikah then witnesses are not necessary. This is not according to our knowledge. But it has been related from Imam Shafaii (rmta) that the wali has the right to make arrangements for nikah (marriage). Thus, it is incumbent on a lady whose wali is alive that she make arrangements for her nikah through her wali.
If a lady who is mature (whose menses have started) makes her own arrangements for nikah without a wali then there are can be two cases: either her mate is her kuf* (equal) or not. If her mate is not her equal (less than her in certain criteria) then her wali has the right to refute the nikah. But if her mate is her equal, then her wali has no right to refute the nikah.
If a lady who is mature (whose menses have started) makes her own arrangements for nikah without a wali then there are can be two cases: either her mate is her kuf* (equal) or not. If her mate is not her equal (less than her in certain criteria) then her wali has the right to refute the nikah. But if her mate is her equal, then her wali has no right to refute the nikah.
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