Seadet-i Ebediyye - Endless Bliss Fifth Fascicle

istihâra several times; then, he should trust himself to Allâhu ta’âlâ
and entreat Him to help and protect him from being interfered
with and deceived by his nafs and by wicked 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 ancestry, 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 qâdî, [i.e. an ’âdil judge who leads a life
agreeable with the Qur’ân al-kerîm.] The order of priorities in
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 or son’s son cannot be a walî. According
to Imâm al-Muhammad and to the Hanbalî Madhhab, after the
paternal fathers the son and thereafter 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 the Hanafî Madhhab the walî’s permission is
not an essential condition for the marriage of a girl who has
reached the age of discretion and 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 on her own or by proxy, by
her wakil or by her walî. [In the Hanafî Madhhab, marriage of an
orphan without any male walîs can be arranged by her mother.]
The second condition of nikâh: It is necessary in the Hanafî
Madhhab to have two Muslim witnesses [even if they are known to
be fâsiq Muslims] during the offer and acceptance. Two Muslim
men, or one Muslim man and two Muslim women, who have
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