If a man and a woman get married without the consent of their parent’s the nikkah is valid according to Imam Abu Hanifah. Now my question is what is Sahibains view. I heard that permission is a must according to them?

In the name of Allah, the most beneficent, the most merciful.

 Answer

A free, sane, mature lady can marry without the permission of her wali (guardian) according to Imam Abu Hanifa and according to the most apparent opinion (zahir-e- riwayath) of Imam Abu Yusuf. Another opinion of Imam Abu Yusuf is that nikah will not be valid without the consent of the wali.

Imam Muhammad states that the nikah will be mawqoof (pending) upon the permission of the wali.  It has been narrated that Imam Muhammad changed his opinion to that of Imam Abu Hanifa and Imam Abu Yusuf’s. (Hidayah, Vol 2, P313)

Only Allah knows best.

Sayeedur Rahman

Darul Ifta, Birmingham