Fatwa: # 16338
Category: Misc. Fiqh
Country: South Africa
Date: 28th February 2008

Title

We issue rulings according to the Hanafi school of thought.

Question

Assalamu alaykum, I am a female that follows the shafee madhab and my husband follows the hanafi school. It has never been an issue and in fact still isn't. However I recently read in the reliance of the traveller that for shafis a woman has to have a wali for her nikah irrespective if she has been married before and that without a wali such nikah in invalid. I'm a widow that married without a wali even tho' family members were present(my father and maternal uncle). Is my nikah correct/ valid even tho i entered into it myself.

Answer

In the name of Allah, Most Gracious, Most Merciful

Assalaamu `alaykum waRahmatullahi Wabarakatuh

We issue rulings according to the Hanafi school of thought. You may refer your query to a Shafi Mufti for a ruling. Shaikh Taha in Cape Town may be consulted at mt_k@hotmail.com .

And Allah knows best

Wassalam

Mufti Ebrahim Desai
Darul Iftaa, Madrassah In'aamiyyah

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