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Fatwa ID: 82698
Title: Is it true that according to the hanafi madhab a woman does need a wali for marriage?
Category: Women
Scholar: Ahmed Shleibak Ph.D
Date: 09/27/2010

Question

I heard someone say that according to the hanafi madhab a woman does need a wali and if she decides to give herslf away then this is permissable and the marriage is valid. Could you please clarify this for me because i was always taught that there's no wedding without the wali


Answer

Waliy is imperative for the authenticity of the marriage; no woman has the rights to perform a marriage of herself under circumstances. The Prophet Muhammad (SAW) said: “Any woman who marries herself without the permission of her waliy, then her marriage is invalid.” He also said: “No woman is allowed to solemnize the marriage of another woman, and no woman should marry herself.”

Imam Abu Hanifa (RA) has different opinion; he said that the mature and sane woman has the right to marry herself with the following conditions: the husband has to be Kuff (equal suitor), and the Mahr (Dowry) has to be Mahrul Mithl (is the mahr similar to her female relatives). So if the man is not a suitable match for her, or the dowry is less than mharul mithl, then the marriage is considered invalid.

But the correct opinion is that the waliy is necessary for the validity of the Aqd (marriage contract).