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

Answered as per Hanafi Fiqh by Askimam.org

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.

If 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.

It 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.

and Allah Ta’ala Knows Best

Mufti Ebrahim Desai

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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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