A divorced woman marrying a non-kufu man

Answered according to Hanafi Fiqh by Fatwaa.com

Assalamu Alaikum

 

Respected Mufti,

 

Could you please tell me whether a divorced woman needs the agreement of a wali in order to marry a non-kufu man? Or can she marry herself off without any wali and her marriage will be valid?

 

Answer

Wa’alaykum as Salām wa raḥmatullāhi wa barakātuhu,

 

It is imperative for a woman to obtain the approval of her Walī (guardian) if she marries someone who is not suitable for her (ghayr kufu). If she does not attain the approval of her Walī, the marriage will not be valid. This is irrespective of whether she was previously married or not.

And Allaah Ta’aala knows best
Wassalaam,
Ismail Moosa (Mufti)
Iftaa Department,
Euro-Sunni & Islamic Research and Welfare Academy

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