حكم اشتراط الولي في عقد الزواج

Abstract EN

It was revealed to me by looking at the words of the scholars that there is a difference in the conditions of the guardian when marriage as follows: 1- Guardianship: Whoever has a wife, a father, a wife, a guardian, a sponsor, a sultan or a Muslim? 2- The Guardian is a condition in conducting the marriage contract so it is not permissible for a woman to marry herself as a woman or proxy marriage, which is the view of the majority of legitimists.

3- Gurdian is not a condition in the marriage contract it is permissible for a woman to start a marriage contract on her own provided that she marries the competent and with efficient dowry, which is the doctrine of Abu Haneefah, Ibn Abi Layla and Zafr.4- The guardian is required in the attribute of the marriage of woman not matron, which is the doctrine of Dawood al-Dhahiri 5- It is not permissible to marry a woman without guardian (wali) unless her guardian gives permission to start the contract.

This is the view of Abu Thawr from the Shaafa'is6- Marriage contract is valid without a guardian and be suspended for his vacation is the words of Muhammad bin Hassan and a narration from Abu Yusuf.7- The marriage contract is valid without a guardian (wali) if the husband is efficient and is not valid if the husband is not efficient.

This is the view of al-Hasan from Abu Haneefah and a narration from Abu Yusuf