A women who has taken khula, she decideds to marry again to the same person (her perious husband) after about 6months. Does she require the permission of her parents(Wali), if her parents are not agreeing or consent the marriage, will such Nikha be valid. my second question is : Do a consent of an wali is must for any marriage or if their are any exceptions allowed, please elobrate. Kindly enlighten me as what all the four school of thoughts rules, for both my questions. Highly appericate your personalised answer. Jazaka-Allah-khair

All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad is His slave and Messenger. We ask Allaah to exalt his mention as well as that of his family and all his companions.

We have already clarified in Fatwa 88502 that Khul' (a divorce that takes place with the request of the wife through a Muslim judge) is considered as one divorce but it is a revocable divorce. Thus, if this woman had not been divorced by her husband twice, he may re-marry her with a new marriage contract and a new dowry. But if he had divorced her twice previously, and then she asked for Khul', he is not permitted to re-marry her unless she marries another man, consummates the marriage with him, and gets divorced from him. This is because Khul' in this case is considered as a third divorce. In cases where he is permitted to re-marry her, a new marriage contract that meets all the prerequisites of a valid contract is a must.

Needless to say that the consent of the guardian is a precondition for the validity of the marriage contract as the Prophet said: "Any woman who gets married without the consent of her guardian, her marriage is invalid, her marriage is invalid, her marriage is invalid." [Abu Daawood]

Therefore, the consent of the guardian is indispensable for the marriage contract even if the person whom she is marrying is her previous husband. The only exception is when the guardian prevents the woman from getting married without a valid reason, in which case his guardianship becomes null and void. In this regard, please refer to Fatwa 86196.

Also, for more benefit, please refer to Fatwa 82103.    

Allaah Knows best.