5-Endless Bliss Fifth Fascicle - Hakikat Kitabevi

Hanbalî Madhhabs the walî has to be present during the nikâh;
otherwise, the nikâh will not be sahîh. A woman cannot be a
walî. In Hanafî Madhhab, a woman can get married without a
walî and can appoint someone her deputy, yet if a woman
marries someone who is not her kufw, her walî can interfere
and stop the marriage. In Mâlikî Madhhab, if a woman is one of
the notables of the town and is rich, then her walî has to be
present at the nikâh. If a woman is not one of the notables of
the town and is not rich, then she can get married through her
wakîl. In Shâfi’î and Hanbalî Madhhabs a fâsiq (sinner) cannot
be a walî but in Hanafî and Mâlikî Madhhabs a fâsiq also can
be a walî. In Shâfi’î Madhhab if a closer walî is a safarî
distance away (around 108 km), then a farther walî can give her
in marriage. [A farther walî is one who is later in the sequence
of being a walî.] In the other three Madhhabs a farther walî
cannot give her in marriage. In Hanafî and Mâlikî Madhhabs if
nobody knows the whereabouts of the closer walî, then her
brother can give her in marriage to someone, but in Shâfi’î
Madhhab he cannot give her in marriage.In Shâfi’î Madhhab the
father and the father’s father can force her to marry a choice of
theirs. In the Mâlikî and Hanbalî Madhhabs only her father can
marry her to someone of his own choice, but not by force. In
Hanafî Madhhab a girl who is above the age of puberty cannot
be given in marriage by anyone without her consent. In the
other three Madhhabs a girl who is under the age of puberty
cannot be given in marriage by anyone except her father. In
Hanafî all asabas (paternal relatives) can give her in marriage
but she can refuse the marriage when she reaches the age of
puberty. In Hanafî and Mâlikî Madhhabs her walî can marry her
to himself. In the Hanbalî Madhhab a walî can marry her to
himself through his wakîl. In Shâfi’î Madhhab he cannot even
marry her through his wakîl. In the three Madhhabs, when a
woman and her walîs permit, she can marry someone other
than her kufw, but in Hanbalî Madhhab she cannot marry
someone other than her kufw. In Shâfi’î and Mâlikî Madhhabs a
walî cannot marry her to someone who is not her kufw with his
own desire. In Hanafî Madhhab he can do that.
In Shâfi’î Madhhab kufw is obligatory in lineage, crafts,
religion, flawlessness, and freedom. In Mâlikî Madhhab kufw is
necessary only in religion. In Hanafî Madhhab, kufw applies to
religion, lineage and property. In all the (four) Madhhabs, the
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