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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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The Ruling on Marriage Without a Guardian and Without Two Just Witnesses

Machine translationRead the Arabic original
Question:
We heard that Abu Hanifah said: If a man agrees with a woman and says, "This is my wife through the bridal gift," is the marriage permissible?

Answer:
No, this is an error with no basis. This is from the practice of the Shi'ah. They say: temporary marriage. They agree with the woman for a few days. This is called temporary marriage. This is from the practice of the Rafidah.

Question: Did you hear it from al-Tantawi?

Answer: No, this is an error. If al-Tantawi said it, he is mistaken. A Shari'ah-compliant marriage with two witnesses is necessary. However, Abu Hanifah is lenient regarding the guardian. If a woman marries herself with two witnesses and her consent, it is permissible according to him. But that is a weak opinion, a false opinion. The position of Abu Hanifah on this is weak. The correct view, which is the position of the majority of scholars, is that a guardian is necessary.

Question: Meaning that this is not permissible? If they agree and she says, "This is my husband," and he says, "This is my wife," does that take the place of the guardian?

Answer: No, it is not permissible except with a guardian, either her father or her son, then the closest relative, along with two witnesses and the removal of any impediments.
Source binbaz.org.sa

The Arabic text is copied verbatim from the original source, without any edits.

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