Believes that Marrying A Girl without Her Wali Is Permissible and Follows Concessions
Fatwa No: 457801


Sheikh i used to believe that marrying a girl without a wali but with two witnesses is haram but later i changed my view that marrying a girl without her wali but with two adult witnesses as halal and i believe that by following abu hanifas opinion did i commit kufr by holding such opinion kindly clarify


All perfect praise be to Allah, The Lord of the Worlds. I testify that there is none worthy of worship except Allah, and that Muhammad  sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention ) is His slave and Messenger.

We urge you to take it easy and not get carried away with what seems to be satanic whisperings. What you did does not necessitate disbelief. However, what can be said in this regard is that if you are a seeker of knowledge and have the ability to consider the scholarly opinions, their supportive evidence, and the scholars’ reasoning and inference, and weigh the evidence, then there is nothing wrong with adopting the scholarly opinion of Abu Haneefah  may  Allaah  have  mercy  upon  him based on the strength of its supportive evidence in your view.

If you are a layperson (i.e., who does not have adequate knowledge to practice Ijtihad and independent reasoning, given his lack of the needed qualifications) and you have asked a reliable scholar whom you trust and he issued his Fatwa in accordance with the opinion of Abu Haneefah, and therefore you opted for this opinion for that reason and not for the purpose of habitually pursuing legal concessions (and choosing the less stringent and most lenient view on all matters), then this is also permissible.

However, if you do so, merely acting on your personal whims and in pursuit of legal concessions, this is not permissible. Pursuing scholars’ concessions is deemed dispraised as per the Sharee‘ah and entails judging the doer as dissolute.

Ibn An-Najjar said in his commentary on Al-Kawkab Al-Muneer: “It is impermissible for him (i.e., layperson) to habitually pursue scholars’ legal concessions, meaning to follow the legal concessions and choose the less stringent and most lenient view in any Mathhab (school of Fiqh) (without considering the supportive evidence and their weight). Rather, he is driven by his personal whims and desires, and would not follow any other opinion in accordance with that Mathhab. Such dispraised following of scholars’ legal concessions entails labeling the doer as dissolute.” [End of quote]

Allah knows best.

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