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Should i divorce my husband or should i just stay with my husband…what does shariah tell me to do…

Answered as per Hanafi Fiqh by Askimam.org

When i was 18 years old, i married not telling my father. Later on my father died. I asked muftis and they said our nikhkhah was valid as there were male sane witnesses and the kazi. But my fathers brothers and sister seperated me from my husband becuase they dont accpet the marriage. Now my question is, at this situation, who has more right over me, my family or my husband. I am sorry for marrying without telling my family, but they wont accpet it any how. How can i fix my mistake…should i divorce my husband or should i just stay with my husband…what does shariah tell me to do…

Answer

In the name of Allah, Most Gracious, Most Merciful

Assalaamu `alaykum waRahmatullahi Wabarakatoh

According to the Hanafi mazhab, you are an adult. You have the independent right to marry without being represented by your father. If the Qazi performed your nikah in the presense of at least two witnesses, your nikah is valid. It was incorrect of your family to separate you from your husband. Your marriage is valid and you should live with your husband if you adhere and follow the Hanafi Mazhab. 

And Allah knows best

Wassalam

Mufti Ebrahim Desai
Darul Iftaa, Madrassah In’aamiyyah
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This answer was collected from Askimam.org, which is operated under the supervision of Mufti Ebrahim Desai from South Africa.

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