The Nikah of an Adult Woman Without a Guardian, and the Passage of al-Mabsut

Question

If a woman who is a virgin, of sound mind and adult secretly contracts a nikah without the consent of her guardian, as a result of which a very ugly stain has fallen on the honour of the parents and guardians, since it is not a noble family, and they by no means regard this nikah as permissible — can this nikah without the guardian’s consent be declared permissible in this case according to the content of the passage of “al-Mabsut” of al-Sarakhsi?

Answer

If a woman of sound mind and adult (‘aqila baligha) contracted her nikah with an equal match (kuf’) for the customary dower (mahr al-mithl), then according to the Shari‘a it is effective (nafidh) and valid; this is also the madhhab of Imam Abu Hanifa ﵀. The view of Imam Abu Yusuf ﵀ in the zahir al-riwaya (the principal transmissions of the madhhab)

Source: Fatawa Mahmudiyya

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