Question:
Assalamu ‘alaykum.
I am of Moroccan descent and Maliki by madhhab. I re-married my husband (Pakistani and Hanafi) after a talaq ba’in, without my dad being present, although we called him during the nikah to confirm consent. Is our nikah valid?
Answer:
Wa ‘alaykum assalam wa rahmatullah wa barakatuh.
I pray you are well.
The Father’s Presence at a Nikah is Not Needed
Yes, you are free to marry whoever you want, and your father’s physical presence is not a condition in the Hanafi school. The Father’s approval is important if the groom is not suitable for the lady, but that is not the case.
If all the conditions of the nikah were present, then it is a valid marriage, provided he didn’t divorce you with a triple divorce. Your school of Fiqh does not affect the situation. (Maydani, al Lubab)
May Allah bless you in your marriage. Please take this free course with your husband. It may be the means for many blessings to come into your life.
[Shaykh] Abdul-Rahim
Checked and Approved by Shaykh Faraz Rabbani