Fatwa ID: 02502

Answered by: Maulana Javed Ibn Nazir

Question:

I have been married a woman for 9 month who has taken khulla from her previous husband. I asked 2 person before I got set to marry that does she need wali, (because her father died and she lived in  UK with a brother and sister, they are not that much caring about her) they said If someone have khulla then she did not need Wali. Now I come to know everyone needs a Wali.

If it's then What should I do ? Is my marriage valid?

Answer

بسم الله الرحمن الرحي

Allah has mentioned in the Quraan:

“When you divorce women, and they fulfil the term of their waiting period (idda), do not prevent them from marrying their (former) husbands, if they mutually agree on equitable terms.”(Surah al-Baqarah, V: 232)

In this verse, Allah is telling us that, the conducting of marriage to women which is an indication that they are able to marry themselves without the permission and approval of their Wali. Moreover, the Wali are instructed not to interfere by preventing them from marrying anyone.

Its written in ‘Raddul Muhtar’:

“The marriage of a free and legally responsible (i.e. adult and sane) woman is valid (even) without the permission of her guardian (wali)…..and the Fatwa issued in her marrying someone who is not her legal match is of invalidity, and this is the chosen Fatwa due to corrupt times…” [1]

Furthermore, there is a hadith of the Prophet صلي الله عليه و سلم:

عَنِ ابْنِ عَبَّاسٍ، أَنَّ النَّبِيَّ صلى الله عليه وسلم قَالَ ‏ "‏ الثَّيِّبُ أَحَقُّ بِنَفْسِهَا مِنْ وَلِيِّهَا وَالْبِكْرُ تُسْتَأْمَرُ وَإِذْنُهَا سُكُوتُهَا ‏"‏ ‏.‏

Ibn Abbas (Allah be pleased with them) reported Allah's Messenger (ﷺ) as saying:

A woman who has been previously married (Thayyib) has more right to her person than her guardian. And a virgin should also be consulted, and her silence implies her consent.[2]

So, from the above its clear that the woman you have married did not need her Wali’s consent and permission as there is nothing stipulated in any text, Quranic verse or in the wording of Hadith. Therefore, your nikah and marriage with her its correct and valid.

Only Allah Knows Best

Written by Maulana Javed Ibn Nazir

Checked and approved by Mufti Mohammed Tosir Miah

Darul Ifta Birmingham