Source: http://qa.muftisays.com/?9071
Question ID: #9071
 
Question: Divorced woman marry without a wali?
Assalaamu'alykum
I am a divorced women who now wants to marry but my family are not allowing me to marry the guy i have got to know as they have heard he maybe involved with drugs however there are also other sources that have said the groom doesn't have bad habits and isn't involved with drugs but my family won't accept that so are stopping me from getting married so all my walis are preventing me from getting married. What can i do? Can i marry without a wali and have the imaam as my guardian?
 
 
Answered by: Ulamaa ID 04 (London)
Date: 28/09/2023 23:24pm

بسم الله الرحمن الرحيم

الجواب حامداومصليا

Scholars mentioned the proper way of contracting a marriage is getting approval of her guardian as she may not be compatible and make the right decision.

However, scholars also mentioned that the minimum requirement of a valid Nikah is when Nikah is done with offer and acceptance and with two witnesses present.

So Nikah is valid without the Walis permission.

وينعقد نكاح المرأة الحرة البالغة العاقلة برضاها وإن لم يعقد عليها ولي عند أبي حنيفة بكرا كانت أو ثيبا

(اللباب في شرح الكتاب كتاب النكاح ٤/١٦-٢٥)

And Allah knows best

06 Rabiul Awwal 1445/ 21 September 2023
Mufti Qamruzzaman

London, UK
 
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