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The question

What is the legal evidence relied upon by Imam Abu Hanifa regarding the permissibility and validity of the marriage of an adult, sane woman without the condition of a guardian's presence?

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Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

Scholars have differed regarding the validity of marriage without a guardian (wali). Some, like Abu Hanifa, Zufar, Al-Sha'bi, and Al-Zuhri, asserted its validity. They based their argument on the Almighty's saying: "There is no blame upon you for what they do with themselves in a lawful manner," and the hadith: "The previously married woman has more right to herself than her guardian." However, the majority of scholars stipulate the guardian's presence for the validity of the marriage contract.

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Ftawy
Original fatwa ID
61681
Imported
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Source text, unreviewed
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