5-Endless Bliss Fifth Fascicle - Hakikat Kitabevi

first condition is for the man to be a Muslim and the woman not
to be a polytheist. In Hanafî Madhhab a woman who is married
to someone who is not her kufw can be separated by her walîs.
In the other three Madhhabs, if her walîs do not give her
permission, the nikâh will not be sahîh anyway. In the Mâlikî
Madhhab a woman who wants to get married to someone of her
kufw with a mahr which is less than the mahr al-mithl can be
stopped by her walîs. According to the other imâms her walîs
cannot stop her from such a marriage. In the three Madhhabs, a
nikâh which is performed by a farther walî in the presence of a
closer walî will not be sahîh, but in Mâlikî Madhhab only the
nikâh of a virgin girl which is performed by a farther walî in the
presence of her father will not be sahîh.
If a man states that “So and so (name of the woman) is my
wife” and she confirms him their marriage will be valid according
to three Madh-habs. In the Mâlikî Madhhab, however, their
nikâh will not be valid.
In three Madhhabs, a nikâh performed without witnesses will
not be sahîh. If it is done in the presence of witnesses it is
permissible to keep it a secret. In Mâlikî Madhhab, the nikâh will
be sahîh, but it has to be announced among the acquaintances.
In the Shâfi’î and Hanbalî Madhhabs, the two witnesses (who
are necessary for the nikâh) have to be known by the
community as men of integrity. In the Hanafî Madhhab, the
nikâh will be sahîh also through the testimony of one man and
two fâsiq (sinful) women. In (the other) three Madhhabs, when a
Muslim man marries a zimmî woman, the two witnesses have to
be Muslims. In the Hanafî Madhhab the two witnesses can be
zimmîs. Conversation between the parties is a sunnat during
the nikâh. In Shafi’î and Hanbalî Madhhabs it is a mustcondition
to say the word ‘Tazwij’ or ’Nikâh.’ In Hanafî Madhhab
a nikâh will be sahîh by saying any kinds of words expressing
possession. This matter in Mâlikî Madhhab is similar to that in
Hanafî, but the mahr has to be mentioned.
If one says, “I have married my daughter to so and so (name
of the person)” and that person hears this statement and says
that he has accepted the nikâh, according to all ’âlims
(scholars), the nikâh will not be sahîh. According to Abû Yûsuf
(rahmatullâhi ta’âlâ ’aleyh) it will be sahîh.
In Shâfi’î Madhhab if one says, “I have married my daughter
to you,” and that man says, “I have accepted it,” the nikâh will
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