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!