The condition of a wali for a Nikah contract

Table of Contents:
 
Introduction
Section 1) Summarized definition of a wali
 
1.1) The definition and understanding of a wali in the Hanafi Madhab
1.2) The definition and understanding of a wali in the Maliki Madhab
1.3) The definition and understanding of a wali in the Shaf`ee Madhab
1.4) The definition and understanding of a wali in the Hanbali Madhab
 
Section 2) The Requirement of a wali for a woman’s marriage
 
2.1) The requirement of a wali for Nikah as per the Malikiyyah
2.2) The requirement of a wali for Nikah as per the Shawafi
2.3) The requirement of a wali for Nikah as per the Hanabila
2.4) The requirement of a wali for Nikah as per the Zahiriyyah
2.5) The requirement of a wali for Nikah as per the scholars following the methodology of Ahl al-hadeeth
 
Section 3) The Evidences used by the scholars to condition a wali’s requirement
 
3.1) The first evidence : Surah baqrah verse 232
Some Objections to Evidence 3.1 and their response
3.2) The second evidence : Surah baqrah verse 221
3.3) The Third evidence : Surah Noor verse 32
Some Objections to Evidence 3.3 and their response
3.4) The Fourth evidence : Hadeeth of Abu Barda (r.a)
Some Objections to Evidence 3.4 and their response
3.5) The Fifth evidence : Hadeeth of `Aisha (r.a)
Some Objections to Evidence 3.5 and their response
3.6) The Sixth evidence : Hadeeth of `Aisha (r.a) via Urwah
3.7) The Seventh evidence : `Umar arranging his daughters marriage
3.8) The Eight evidence : Hadeeth of Abu Musa al-Ash`ari (r.a)
3.9) The Ninth evidence : Hadeeth of Abu Huraira (r.a)
Some Objections to Evidence 3.9 and their response
3.10) The Tenth evidence : Fatwa of `Ali ibn Abi Talib (r.a)
3.11) The Eleventh evidence : Fatwa of Ibn `Abbas (r.a)
3.12) The Twelth evidence : When one of you decides to marry his daughter
Some Objections to Evidence 3.12
 
Section 4) Some Other evidences that emphasize on wali being a condition for a nikah contract
 
4.1) – Fatwa of `Umar (r.a)
4.2) The statement of Umm al-Mu’mineen Zinab bint Jahsh (r.a)
4.3) The action of Ameerul Mu’mineen Uthman ibn `Affan (r.a)
4.4) The fatwa of Ibn `Abbas (r.a)
4.5) The Fatawa of Taba`een , Muhadditheen , Fuqaha and scholarly comments in general
 
Section 5) Some Other Objections raised by those negating wali as a condition & their response
 
5.1) Surah Ahzab verse 50
Response to Objection 5.1:
5.2) Surah Baqarah verse 234
Response to Objection 5.2
5.3) The incident of Prophet marrying Umm Salamah (r.a)
Response to Objection 5.3
5.4) The Hadeeth via Ibn `Abbas of a guardian having nothing to do with a matron
Response to Objection 5.4
5.5) The hadeeth of a father forcing his daughter into marriage
Response to Objection 5.5
 
Conclusion
 

 

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