A divorcee marrying a convert

Fatwa ID: 02323

Answered by: Maulana Afdhal Hussain

Question:

Asalaamalaikum I have a query which I hope you can help me with, I am in a position where I want to marry a revert Muslim, as I was previously married and divorced from abroad I lost contact with my family due to me getting a divorce, but I want to do a nikkah ceremony and live according to shariah, would I be able to do this without a wali and if so can you please tell me the procedure, jazaakhallahkhair

Answer

Bismillah

In the name of ALLAH the Most Gracious, the Most Merciful.

It was narrated from Ibn Abbas (RA) that the prophet (SWS) said: " The previously-married woman has more right concerning herself than her guardian does, and the virgin should be asked for permission and her permission is her silence." [Muslim:1421]

Furthermore, Imam Abu Hanifah and Abu Yousuf's (Rahimahumullah) opinion is that " the marriage of a free, sane and adult woman without the permission of her guardian (wali) is valid." [see: Sharhul Wiqayah, chapter: Babul WaliwalKufu, vol:2, publisher: Islamiah Kutubkhana, Dhaka. Fatawa Alamgheeri, Maslah number:22, chapter: Wali, publisher: Meena Book House, Dhaka]

Therefore, in the absent of your guardian (wali) and their consent you can marry as you have more right concerning yourself than your guardian.

Only Allah Knows Best

Written by Maulana Afdhal Hussain

Checked and Approved by Mufti Mohammed Tosir Miah

Darul Ifta Birmingham

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