Fatwa Explorer

Fatwa #80213 March 2003Hong Kong

Can I get married without a wali.I am divorced and my father is not agreeing on my marriage with someone else.

Question

Can I get married without a wali.After divorce my father sent me back to my husbands house fearing the world.Now I want to marry someone,but my father will not agree.So can I marry without his consent and then inform my family later.Right now I am living with my ex-husband.Someone is ready to marry me and accept my daughter too.So will it be a sin for me to go against my father and marry him.My parents dont keep well and so if anything as to happen to them after I get married.Should I be blamed?

Answer

If your husband issued you one or two revocable divorces and he reconciled with you (verbally by saying he takes you back as a wife or being intimate with you) within three menstrual cycles, then your marriage with him will be repaired. You will be his wife and you cannot marry another person.%0D%0A%0D%0AIf your husband issued you one or two irrevocable divorces, then you cannot reconcile until a reperformance of Nikah. An irrevocable divorce is when the husband issues divorce with words indicating divorce, not express words of divorce. For example, he says, go away with the intention of divorce. If that is your situation, and there was no reperformance of Nikah, then you cannot stay with your husband. Similarly, if your husband issued you three divorces, then the marriage has terminated permanently. You cannot stay with your husband. %0D%0A%0D%0AIt is irresponsible of your father to send you back to your husband. He is not sensitive to Deen and is concerned of his respect and honour. You should distance yourself from your ex-husband and should you consider the new marriage proposal, we advise you exercise precaution in committing to this proposal. Take your time, consult responsible people and also make Istikhaara. May Allah Ta?ala guide you and grant you peace, Aameen.%0D%0A%0D%0Aand Allah Ta'ala Knows Best%0D%0A%0D%0AMufti Ebrahim Desai
Something wrong with this record?

Report a problem

This goes to whoever maintains the archive, not to Askimam.org. For a question about the ruling itself, use the link to the original above.

Sent anonymously. No account needed, and nothing identifies you.