Can a Shafi’i get marry without a wali if making taqlid of Abu Hanifa?
Wa alaykum salam wa rahmatuLlahi wa barakatuHu,
The Shafi’i School’s opinion is that a marriage without the bride’s wali is invalid. Thus, if following the Shafi’i School on the issue, it is not possible to marry without a wali. With that, it is valid for one to follow (i.e. taqlid), in whole or in part, any authority (i.e. mujtahid) that one wishes. This permission is not contingent on need or hardship.
Thus, the permission to follow an authority from outside the School would extend to a person who wishes to follow Imam Abu Hanifa, for example, on the issue of marriage without a wali. This is mentioned in Ahdal’s ‘Umdat al-Mufti wa al-Mustafti v. 1, p. 93.
And Allah knows best.
Answered by Shaykh Yaqub Abdurrahman