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Marriage In The Formative Period

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Chapter Summary

This chapter describes what the early Ḥanafīs, Malik, Shāfi’ī, and Ibn Ḥanbal said about various aspects of a valid marriage. A marriage contract can be concluded for a girl at any age, so a considerable amount of time may elapse between the contract and the moment when a wife actually takes up residence with her husband. Ibn Abī Shayba reports that the Successor Ḥasan al-Basrī used to say, "When a father gives his daughter in marriage it is valid, regardless of whether she is a bikr or a thayyib and regardless of whether she is displeased with the marriage". In the Mudawwana, Ibn al-Qāsim reports that when asked whether a woman's paternal grandfather or her brother had the most right to give her in marriage, Mālik said her brother did. Shāfi’ī states emphatically that a woman can never be her own walī.

Keywords: Ḥanafīs; bikr; Ibn Ḥanbal; Malik; marriage; Mudawwana; Shāfi’ī; thayyib; walī



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