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Divorced woman getting married again

Fatwaa ID: 1911

Question:
salaam. as a divorce woman do i need my fathers consent to get married again? he is saying no that i can’t marry this man bcs of his tribe not bcs of anything else. if i see good in him and i know and prayed for the best , what can i do? do i have to have my father’s app for my 2nd marriage?

Answer:
In the Name of Allaah, the Most Gracious, the Most Merciful.
As-salaamu ‘alaykum wa-rahmatullaahi wa-barakaatuh.

According to the Hanafi legal school, the consent of the father or wali is not a prerequisite for the validity of any marriage, be it the first or other. However, the wali reserves the right to have the marriage annulled through a Muslim judicial board should he deem the groom to be incompatible. The other legal schools all require the consent of the wali in all marriages. Furthermore, in most cases, it is not wise to go ahead without the blessings of the parents. One should be considerate of the long term effects and well-being of the family relations.

In the enquired situation, should you as a Hanafi go ahead and get married to the man in question without your father’s approval, your marriage will be valid. However, we advise you to persuade and convince your father. If necessary, consider consulting your local scholars or someone influential to your father and have them intervene. Continue performing istikhaarah and making du’aa for khayr.

And Allaah Ta’aala knows best.
Mufti Muajul I. Chowdhury
Darul Iftaa New York
https://askthemufti.us/

04/27/1445 AH – 11/11/2023 CE | 673

وصل اللهم وسلم وبارك على سيدنا محمد وعلى ءاله وصحبه أجمعين

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