Hanafi Proof Thread

[Goldi]

Nikah without wali

-- "The Hanafis have ruled that a wali is not an essential part of the nikkah, and hence a nikkah is valid without one, even though there is a sahih hadith that states, "There is no marriage without a wali," along with others which state something similar. Their reasoning is that in the Qur’an, Allah states, "If he has divorced her, then she is not lawful to him until she marries (hatta tankiha) another man" (2: 229). The dhahir, outward meaning of the word hatta tankiha implies that a woman has the authority to contract her own marriage, and since the Qur’an is a qat’i and the hadith is ahad, it is rejected since the speculative cannot override the definite. Furthermore, the Hanafis consider the ‘amm of the Qur’an to be definite and hence binding it is dhahir wording and general application, unless there is a qat’i proof to specify (takhsis) its generality.

In other words, when there was a clash between a qat’i and a dhanni proof, the qat’i takes priority, and in many instances, the dhanni is disregarded. "

This is one Dalil used by the Hanafi Fuqaha regarding this issue. See: Muadin al Haqaiq Sharh Kanz Al Daqaiq (the book is originally by Imam Nasafi) Kitabun Nikah, Bab Al Awliya Wa Al Akfa', pg 294.

( i needed something quick. My thanks to salman who did this research for me)

Salman: stop editing my posts more than i want you to. lol. I wish i could be like you!

[Mossy]

If walis are available, the performing of a nikah in their absence is disrespectful to the extreme however, as well as sub-optimal (although valid).

[Alijj.u]

If the waliyy finds a serious defect with the new husband of the girl, he has the power to nullify the marriage.

Some youngsters are just told that they can marry without the permission of the parents and proceed to what they think they know of Hanafi fiqh. some irresponsible people gave them a bad piece of advice that will leave them with a scar for life.

I have had recently to deal with an extremely painful situation because of this foolishness and I still hear the rumour going around.

[samrqandi]

salaam alaikum

People today have taken things to another level may allah help us all ameen.

ok getting back to the topic:

The usool used above is an ahlul rye (hanafi usool) stance and it is valid as well may allah reward all the imma of ahlus sunnah ameen!

If you read the muwatta imam muhammad under the chapter of wali for nikah then u should have a partial answer because the prophet doesnt only state the wali but mentions others that can take the role of a wali if im still right. Not only that in the mustasfa of imam ghazali he shows a tradition in which aisha contracts a nikah whilst the wali wasnt present (if im still right) when he was talking about the daleel of the hanafis, but if you want i can type them up insha allah.

i have also heard someone say that hafidth badr ud-deen al-ayni said that the ahadeeth which state la nikah ila wali (im paraphrasing) are daeef and allah knows best! if anyone has the citation for this can they please post it

wassalaam alaikum

any mistakes are from me may allah guide us all to the haqq ameen

[Goldi]

awesome.

samrqandi, could you please post whatever u can.

[samrqandi]

salaam

I will do that later on insha-allah, am not at home

[Alijj.u]

If you read the muwatta imam muhammad under the chapter of wali for nikah then u should have a partial answer because the prophet doesnt only state the wali but mentions others that can take the role of a wali if im still right. Not only that in the mustasfa of imam ghazali he shows a tradition in which aisha contracts a nikah whilst the wali wasnt present (if im still right) when he was talking about the daleel of the hanafis, but if you want i can type them up insha allah.

The Hanafi ra'i is indeed based on a report of the Companions although I cannot recollect the precise details.

[Alijj.u]

This is not addressed at anybody in particular:

I do advise to be very careful with marriage matters. This is a topic which, like the rest of fiqh, is received according to Tradition from a teacher who received it himself/herself from another reliable source in a chain which goes all the way to the Imâms. One does not learn by reading a book or threads in a forum, even though we are clearly interested to read this topic.

Doing things wrong in nikâh has far reaching consequences:

-on the lawfulness of staying alone with the other person
-on the lawfulness of any direct contact with the other person
-on the lawfulness of sexual intercourse
-on the paternity of the offsprings
-on inheritance
-on prayer in jamâ^ah according to Hanafis
-on giving away female offspring in marriage

That is what I can think of just now.

[samrqandi]

salaam alaikum

my english isnt too tough so i just copied from two books:

1. Malik informed us a man informed us that saeed ibn mussayab said: umar ibn al-khattab said: it is not right for a woman to be married unless with the permission of her guardian, or a member of her family of sound judgement, or the ruler.

Muhammad said (commentating on the above tradition): “there is no marriage without a guardian. If she and the guardian have fallen out, then the ruler is the guardian of anyone who has no guardian. As for abu hanifa, he said: ‘if she places herself in position of equality [in terms of rank, deen, lineage, etc with respect to her husband-to-be] and does not neglect her dowry, then the marriage is permissible’. A part of his argument was the saying of Umar in the hadeeth ‘or a member of her family of sound judgement’ in that this is not a guardian and yet the marriage is permissible; the main point then, is that she does not neglect her dowry. Therefore: if she does that [represents herself] it is permissible.

Taken from Muwatta Imam Muhammad, eng edition, published by Turath publishing pg. 235-236

2. Abu hanifa has stipulated a certain criteria when using ahad hadeeth, which corresponds with that of shafee and imam ahmad, however he has an additional condition e.g. that the narrators actions must not contradict his narration. A hadeeth reported by ayesha in which she said: ‘marriage of a woman is not contracted without the permission of her wali’ however ayesha acted contrary to this when she contracted the nikah of her niece, the daughter of abdur-raham whilst he was absent in Syria.

Taken from Principle of Islamic Jurisprudence, 3rd edition, published by ITS, pg. 99-100. Also refer to imam Ghazali’s mustasfa vol 1 as that is far more interesting than muhammed hashim kamali's book. I wanted to quote from him but unfortunately I am stressed with time. But what I have quoted so far I hoped it has help insha-allah

any mistakes are from me and all perfection lies with allah and please even after me qouting this refer to your qadi's or imams.

wassalaam alaikum

[Alijj.u]

Interesting