E-BOOK : 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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