Fatwa: # 15825
Category: Divorce (Talaaq)
Country: United States
Date: 7th November 2007

Title

I married not telling my father

Question

When i was 18 years old, i married not telling my father. Later on my father died. I asked muftis and they said our nikhkhah was valid as there were male sane witnesses and the kazi. But my fathers brothers and sister seperated me from my husband becuase they dont accpet the marriage. Now my question is, at this situation, who has more right over me, my family or my husband. I am sorry for marrying without telling my family, but they wont accpet it any how. How can i fix my mistake...should i divorce my husband or should i just stay with my husband...what does shariah tell me to do...

Answer

In the name of Allah, Most Gracious, Most Merciful

Assalaamu `alaykum waRahmatullahi Wabarakatoh

According to the Hanafi mazhab, you are an adult. You have the independent right to marry without being represented by your father. If the Qazi performed your nikah in the presense of at least two witnesses, your nikah is valid. It was incorrect of your family to separate you from your husband. Your marriage is valid and you should live with your husband if you adhere and follow the Hanafi Mazhab. 

And Allah knows best

Wassalam

Mufti Ebrahim Desai
Darul Iftaa

DISCLAIMER - AskImam.org questions
AskImam.org answers issues pertaining to Shar'ah. Thereafter, these questions and answers are placed for public view on www.askimam.org for educational purposes. However, many of these answers are unique to a particular scenario and cannot be taken as a basis to establish a ruling in another situation or another environment. Askimam.org bears no responsibility with regards to these questions being used out of their intended context.
  • The Shar's ruling herein given is based specifically on the question posed and should be read in conjunction with the question.
  • AskImam.org bears no responsibility to any party who may or may not act on this answer and is being hereby exempted from loss or damage howsoever caused.
  • This answer may not be used as evidence in any Court of Law without prior written consent of AskImam.org.
  • Any or all links provided in our emails, answers and articles are restricted to the specific material being cited. Such referencing should not be taken as an endorsement of other contents of that website.
The Messenger of Allah said, "When Allah wishes good for someone, He bestows upon him the understanding of Deen."
[Al-Bukhari and Muslim]