Back to search
The question

Is it permissible for a divorced woman, whose madhhab is Maliki, to rely on the Hanafi madhhab to marry herself without the presence of her father, in consideration of her interest in not informing her family?

Share this answer

Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

A woman is not permitted to marry herself, based on the Prophet's (peace be upon him) saying: "Any woman who marries without the permission of her guardian, her marriage is invalid," and his saying: "There is no marriage except with a guardian and two just witnesses." The Hanafi school of thought is weak on this issue, and adopting it falls under the forbidden practice of seeking out dispensations from different schools of thought. If the intention is to conceal the matter from the father, the couple can wait until the waiting period (iddah) is over and the woman has ensured she is not pregnant (istibra'), then the husband can propose to her father under the pretext of confirming the contract.

Summarized from the full answer at Ftawy · imported

Read the full answer on Ftawy
Where this answer came from
Source platform
Ftawy
Original fatwa ID
79986
Imported
Translation status
Source text, unreviewed
Read the full ruling
Read the full answer on Ftawy