Question
A Shaafi girl married a Hanafi man without the consent of her Wali. I know that according to the Hanafi Math -hab, the marriage is valid. But what is the status of this marriage when according to the Shaafi Math-hab the Nikah is not valid? What do the Shaafi Fuqaha say?
Answer
Marriage without the consent of the Wali is a major sin even according to the Hanafi Math-hab, nevertheless, the Nikah will be valid. Despite the incumbent need for the Wali's consent and presence, the Shaafi Fuqaha say that the Nikah of a Shaafi girl to a Hanafi man without the consent of her Wali is valid.
- Source
- themajlis.co.za
- Published in
- The Majlis Vol 27 No 08
- PDF page
- 8
Appears under HASAD-ENVY (approximate).