Is it permissible for a divorced adult woman to marry a misyar marriage without informing her family, and is it permissible for the judge to act as guardian in this case?
The majority of jurists hold that a woman's marriage is not valid without the permission of her guardian (wali), whether she is a virgin or previously married. This differs from Abu Hanifa's view, who believes that the marriage of a sane, adult woman is valid with her consent. The relied-upon opinion for is that of the majority. It is not permissible for you to marry without your guardian's permission unless your guardian refuses to marry you off. In that case, you may refer the matter to a judge, and if the judge confirms the guardian's impediment (adhl), then he may marry you off. If there is no other solution and you are faced with two options: marrying without a guardian or falling into fornication, then both Islamic law and reason prioritize marriage without a guardian over fornication.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Original fatwa ID
- 122803
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- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
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