5-Endless Bliss Fifth Fascicle - Hakikat Kitabevi

up that jamâ’at is based on this fatwâ.] When both the person
and his wakîl are present during the nikâh, the wakîl becomes a
witness; likewise, when the bride and her walî are both present
at the nikâh her walî becomes a witness. When a father marries
his daughter to someone in her absence without informing her
and without a mahr and tells her later on about it, if she stays
silent, the nikâh becomes sahîh and it is necessary to give her a
Mahr al-mithl. A person can be a walî or wakîl of both parties, or
one can be a walî for one party and a wakîl for the other party,
or one can take one’s own place (as one of the parties) and
also can be the walî or wakîl of the other party. If a person who
has appointed someone as a wakîl says that his/her wakîl is
free to do anything and everything on his/her behalf then the
wakîl can appoint someone else as the wakîl. A child who has
not reached the age of puberty can be married by his/her
closest walî. The walî for the child is his/her asabas (relatives in
accordance with the earlier-mentioned sequence). If there is no
asaba then the mother will become the walî. If someone who is
not a wakîl [for example, one of the walîs of a boy or a girl who
is at the age of puberty, or a stranger] marries him/her to
someone whom they do not know and tells him/her later on, if
he/she does not refuse it when he/she hears it, then the nikâh
becomes sahîh. When the child reaches the age of puberty,
he/she can refuse the nikâh which was performed by his/her
walî other than his/her father and father’s father.
In Hanafî Madhhab it is not obligatory to say the words
“tazwij or nikâh” as the nikâh is performed. A nikâh will also
become sahîh by such expressions as: “I have given you as a
present or gift,” “I have given you,” “I have given you as a
charity,” “I have sold,” “I have bought.” If both parties use these
types of expressions, then they have to use the perfect tense of
the verbs, (that is, the tense that shows that the action has
been done). If one party says it in the imperative form and the
other party uses the perfect tense, the nikâh will also be sahîh.
A walî can marry a small girl who is under the age of puberty to
her kufw (her equal in rank or social status). In the other three
Madhhabs only the father can give in marriage his daughter
who is a virgin and over the age of puberty. She does not have
to be under the age of puberty for being given in marriage by
her father.
It is written in the book Mîzân al-kubrâ: “In Shâfi’î and
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