Is the marriage of a divorced woman residing in a Western country without a guardian (wali) to a Muslim man, with the assistance of the mosque's imam, considered valid? And is she sinful for not informing her family of her marriage?
The common person must ask scholars about matters of their religion that they are ignorant of, for Allah Almighty says: {So ask the people of the message if you do not know.} The majority of jurists agreed on the condition of a guardian (wali) for the validity of marriage, while Abu Hanifa differed with them. For a woman who proceeds with marriage without a guardian, her marriage is invalid and must be annulled and the contract renewed with the permission of the guardian, unless the contract was conducted in emulation of Abu Hanifa, in which case it is valid.
The difference in nationality does not prevent marriage, and the presence of the guardian in another country does not negate his guardianship; he can delegate someone to perform the marriage on his behalf. If the guardian refuses to marry off his ward without a valid legal reason, she may take her case to the Sharia court.
If a woman is divorced, she has the primary right to custody of her children, but if she remarries, her custody is forfeited and transfers to another. In case of dispute, the Sharia court is the reference.
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- 178519
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