Imam abu hanifa hadith about marriage
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If a man and a woman get married without the consent of their parent’s the nikkah is valid according to Imam Abu Hanifah. Now my question is what is Sahibains view. I heard that permission is a must according to them?
In the name of Allah, the most beneficent, the most merciful.
Answer
A free, sane, mature lady can marry without the permission of her wali (guardian) according to Imam Abu Hanifa and according to the most apparent opinion (zahir-e- riwayath) of Imam Abu Yusuf. Another opinion of Imam Abu Yusuf is that nikah will not be valid without the consent of the wali.
Imam Muhammad states that the nikah will be mawqoof (pending) upon the permission of the wali. It has been narrated that Imam Muhammad changed his opinion to that of Imam Abu Hanifa and Imam Abu Yusuf’s. (Hidayah, Vol 2, P313)
Only Allah knows best.
Sayeedur Rahman
Darul Ifta, Birmingham
Original Source Link
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She married without her wali’s consent and the marriage contract was done without her being present
Praise be to Allah.
Firstly:
We are very upset to hear of the Muslims toying to such an extent with the marriage contract which Allaah calls “a firm and strong covenant” [al-Nisa’ 4:21].
We are astounded by this audacity in transgressing the sacred limits of Allaah.
Would this lawyer or the husband or the witnesses agree for his daughter or sister to be married in such a way, without his knowledge or consent?
We do not think that anyone who has any kind of manhood or decency would accept that for his daughter or sister, so why would they accept it for the daughters of other people?
Moreover, with regard to these witnesses, what did they witness? The wife was not present, and they did not hear from her or from her guardian that she agreed to this marriage. It is not permissible for a witness to bear witness to anything but that which he knows. As for the lawyer or anyone else simply being trustworthy, that does not make it permissible for them to bear witness to something that they do not know.
Secondly:
The marriage contract done in this manner is not valid, because it is not valid for a woman to give herself i
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Marriage without a guardian evenhanded permissible according Abu Hanifa
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