She married without the consent of her father who wanted her to marry her cousin

18-2-2010 | IslamWeb

Question:

assalamualaikum warahmatullahi wabarakat..
call me shaikh... i am married for 2 years, we got married without my parents consent because my father still don't want me to marry,and he likes my cousin to be my husband. but i refused and i accept the proposal of my husband to have a secret married.. Alhamdulillah my husband is such a a good man and a muslim,religious person. we did it,because we were afraid that my father will force me to marry my cousin.. my question is " is our marriage is valid? my husband accepted me for who i am.. i am not virgin anymore when he marry me. but he loves me very much, and he tells me he doesn't care about my past.. he just really advice me, to ask forgiveness to Allah swt .. inshaAllah may Allah forgive me for all the wrong i did in my past..

Answer:

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  sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention ) is His slave and Messenger.

 

Undoubtedly, you should hasten to repent to Allaah for the sins that you committed and a sincere repentance should fulfill some conditions that we mentioned in Fatwa 87903.

Moreover, there are some conditions that the marriage contract should fulfill, the most important of which are the consent of the guardian and the presence of two witnesses. If any of these conditions are not fulfilled, the marriage is not valid. For more benefit on these conditions, please refer to Fatwa 83629.

Even though this marriage is void, it must be invalidated by either the husband divorcing you or the judge invalidating this marriage. If there are any children from this marriage, they should be traced back to the husband.

Then, if you wish to continue this marriage, you may renew the marriage contract with the permission of your guardian and the presence of two witnesses. If your guardian refuses to marry you off to a suitable man (of whom you approve), you should take the matter to an Islamic judge. If it is confirmed with him that your guardian prevents you from marrying a suitable man, then in this case, the judge would marry you off or entrust someone to marry you off. However, it is a big mistake and unacceptable for a woman to give herself in marriage by herself. 

Allaah Knows best.

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