Wants to marry in order to become lawful to her ex-husband
9-10-2006 | IslamWeb
Question:
my wife is irrevocably divorced , she wants to get married to another person with the hope that she may become lawful to me if she gets divorce from second husband. she is not stipulating any conditions in the second marriage she wants to give fair try but at the same times hopes to return back to first husband if the second marriage is not sound. Now in this regard she wants to marry this second person without knowledge of her father because father does not know that her first husband has divorced her she has only informed her brother , keeping in view this situation can she be married with consent of her brother as father does not know of her divorce because she wants to keep marriage restricted to two witnesses till the time her second marriage proves to be good or she gets divorced. in case of divorce she can come back to first husband so in this case every thing will appear normal and if her second marriage succeeds then she can declare to parents later on , please advise she has three kids that is why she wants to be very carefull. As per Hanafi they say that marriage can be conducted without father please give detailed answer in light of the above situation
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 is His slave and Messenger. We ask Allaah to exalt his mention as well as that of his family and all his companions.
First of all, it should be mentioned that it is not permissible for a woman to marry without the consent of her guardian. According to the most preponderant opinion of the scholars, if she marries without his consent her marriage is void; for more benefit, please refer to Fatwa 85057.
We have also discussed in Fatwa 86348 the evidence of the
Therefore, it is not permissible for this woman to marry without the consent of her guardian and it is not acceptable or correct for her brother to be her guardian since her father is present; for more benefit, please refer to Fatwa 86196.
Finally, it should be noted that this woman should not hide the matter of divorce from her guardian as this may have many disadvantages.
Allaah Knows best.