What is the ruling on a girl who marries without the consent of her guardian, based on the fatwa of Abu Hanifah?

The questioner: Shaykh, if you please, may Allah reward you.

The Shaykh : And you.

The questioner: One of our brothers was here yesterday asking you a question. He is Egyptian, and he said: It is well known among them in Egypt that many girls are getting married without the permission of their guardians. And he told you: Abu Hanifah said this statement, and you agreed with him on this. So I said: Does Abu Hanifah!

The Shaykh: How did you agree with him on this?

The questioner: He is saying that you agreed with him. I said: It is impossible that Abu Hanifah, or the Shaykh, agreed with you on this statement: that girls go out with young men and get married without the permission of their guardians. You are confused about the matter. May Allah reward you with good, Shaykh, please clarify this issue for us.

The Shaykh: My brother, the answer was clear, but unfortunately, either intentionally or unintentionally, the words are being distorted. We said: The one who marries according to one of the schools of jurisprudence, and the Sunnah in this specific issue has not reached him. I said: The one to whom his statement (peace and blessings be upon him) has not reached: , we cannot rule that his marriage is invalid, because it is not obligatory for him to do more than follow a scholar from among the scholars of the Muslims. But the one to whom the Sunnah has reached, and the proof has been established against him, and then he turns away from it to cling to the statement of a scholar, he has no excuse before Allah (Mighty and Majestic) for not acting on this hadith, so his marriage is invalid.

The questioner: So is his marriage?

The Shaykh : Yes?

The questioner: So is his marriage?

The Shaykh : It is invalid.

The Shaykh: This is the one to whom the hadith reached, that it is: , and yet he turned away from the hadith and clung to the statement of Abu Hanifah, so his marriage is invalid. Unlike the first one who knows only the school of Abu Hanifah, so we do not say that the marriage of these people is invalid, except for the one among them who knew the hadith and knew the Sunnah.

The questioner: Okay, Shaykh, what about one who does not know the hadith and does not know the Sunnah, and he did this act?

The Shaykh: May Allah guide you, finish it, or do you have the answer with you? He does not know the hadith, does not know the Sunnah, and does not know the school of Abu Hanifah, heh heh...

The questioner: The intention, Shaykh, is that he...

The Shaykh: Shaykh, finish your sentence. Say: He knows the school of Abu Hanifah or he does not know it.

The questioner: He does not know it.

The Shaykh: Then the one who said: And not the school of Abu Hanifah, heh heh, is correct. So then...

The questioner: I intended, Shaykh, that he might be asking about...

The Shaykh: Do not say, my brother: "Maybe." I am the one responsible, and I heard the question and answered with this answer. As for you, you say: "Maybe," and you are formulating the question from your own side.

The questioner: He clarified it to me like this...

The Shaykh: What do we need with it, my brother? Are you going to say whatever you want?

The questioner: Okay, the first part of the speech, it might be about the people, it might be those who are abandoning the prayer, these are the ones who do this act, most of them.

The Shaykh: What act?

The questioner: That the girl leaves her father's house and marries a young man.

The Shaykh: My brother, tell me: Did the Sunnah reach him? You are saying: No. And the hadith?

The questioner : Yes.

The Shaykh: And not the school of Abu Hanifah, is that right?

The questioner: Yes.

The Shaykh: Then what are these people following? Know the answer from what came before.

The questioner: They are following desire.

The Shaykh: Then their marriage is zina.

The questioner : May Allah reward you with good.

The Shaykh: Rest easy, praise be to Allah, our friend.