5-Endless Bliss Fifth Fascicle - Hakikat Kitabevi

several times; then, he should trust himself to Allâhu ta’âlâ and
ask His help to protect him from being interfered with and
deceived by his nafs and by base people.
One should strive to perform the nikâh in agreement with the
four Madhhabs. For making a valid and correct nikâh according
to Shâfi’î, Hanbalî and Mâlikî Madhhabs, the first condition is
that the walî of the girl has to give permission to her even if she
is beyond the age of puberty. ‘Friend’ is the lexical meaning for
the word ‘walî’. If it is used in the subject of Aqâid (belief), it
means ârif-i billah. If it is used in the subject of Fiqh then it
means a (grown-up) male relative. According to these three
Madhhabs the walî is one’s father. If you do not have a father,
then the walî is your father’s father, and after that the walî is
your paternal great grandfather. If you do not have paternal
fathers, then your walî is your brother. If you do not have a
brother, either, then the walî is your brother’s son, next to whom
is his son. If you do not have any of these, then your walî is
your uncle. If you do not have that one either then the walî is
your uncle’s son and after that your uncle’s grandson. If you do
not have any of these relatives then your walî will be the judge.
[The judge has to be a person who obeys the Sharî’at and who
leads a life agreeable with the laws of Allâhu ta’âla]. The order
of being a walî in matters of marriage is the same as its order in
matters of inheritance after death. However, according to the
Sâfi’î Madhhab, the son and son’s son cannot be a walî.
According to Imâm al-Muhammad and Hanbalî Madhhab, after
the paternal fathers the son and then the son’s son will become
a walî. According to the Shaikhayn (Imâm A’zam and Imâm Abû
Yûsuf), the son and the son’s son will become the walî before
the paternal fathers. In Hanafî Madhhab the consent of a walî is
not a must-condition for the marriage of a girl who has
exceeded the age of puberty. It is mustahab before the nikâh to
ask for the permission of a girl who has passed the age of
puberty. The person to whom she gives her permission
becomes her wakîl. If the nikâh is performed without her
permission, she is free to accept or to reject it. If she rejects it,
the nikâh becomes void. A woman can get married either by
herself or by her wakil or by her walî. [In Hanafî Madhhab,
orphans who do not have male walîs can get married through
their mothers.]
The second condition of nikâh: It is necessary in Hanafî
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