Does a widow need her brother’s permission to get married?

Answered according to Hanafi Fiqh by

Q: I was married before and have a son who was born within my marriage and now I am divorced and would like to remarry. However I have no relationship at all with my eldest brother who supposed to be my wakeel, as he does not acknowledge me and he even calls me a Kaafir infront of people. He always insults me infront of others. He does not greet me back when I greet him and he is also someone that had been for hajj and prays 5 times a day. He is my fathers eldest son from his first wife and I am the youngest daughter of the 2nd wife. Both my mother and our father passed on. My question is if I would like to get married, do I need his permission since I have already been married, as I am trying to be the better person but he does not allow me to as I have now decided to keep my distance from him.


A: No.

And Allah Ta’ala (الله تعالى) knows best.


Answered by:

Mufti Ebrahim Salejee (Isipingo Beach)

This answer was collected from, where the questions have been answered by Mufti Zakaria Makada (Hafizahullah), who is currently a senior lecturer in the science of Hadith and Fiqh at Madrasah Ta’leemuddeen, Isipingo Beach, South Africa.

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