format_quote Originally Posted by
ardianto
I often heard, in Hanafi madhab, women can marry without wali. But I need further explanation about it from someone who know much about Hanafi fiqh.
Abu Moosa said that the Prophet (:saws1:) said: "There is no (valid) marriage without a wali." [1]
It was narrated that ‘Aisha (r) said that the Messenger of Allah (:saws1:) said: "Any woman who gets married without the permission of her wali, her marriage is invalid, her marriage is invalid, her marriage is invalid. If the marriage has been consummated then she is entitled to the dowry because she allowed the man to be intimate with her. If she does not have a wali then the ruler is the wali of one who does not have a wali." [2]
1. (Narrated by al-Tirmidhi, 1101; Abu Dawood, 2085; Ibn Maajah, 1881. Classed as saheeh by al-Albaani in Saheeh al-Tirmidhi, 1/318).
2. (Narrated by al-Tirmidhi, 1102; Abu Dawood, 2083; Ibn Maajah, 1879. This hadeeth was classed as hasan by al-Tirmidhi and as saheeh by Ibn Hibbaan (9/384) and al-Haakim (2/183)).