A Woman Contracting Her Own Nikah

Question

A sane adult Hanafi woman married an equal match (kuf’) without the consent of her guardian (wali). Did the nikah take place or not? Zayd says that the nikah did not take place at all, and they interpret it thus: although the fundamental principle of the respected Imam (Imam Abu Hanifa)

Answer

According to the Hanafis, the nikah is undoubtedly valid. [ar]فَلَا تَعْضُلُوهُنَّ أَن يَنكِحْنَ أَزْوَٰجَهُنَّ[/ar] “…do not prevent them from marrying their husbands” (Surah al-Baqara, 2:232). If a woman wishes to contract her own nikah, the guardian has no right to prevent her. However, if she marries a non-equal (ghayr kuf’)

Source: Fatawa Mahmudiyya

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