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-   -   A divorce girl want to get married again parents not agree (https://www.askmehelpdesk.com/showthread.php?t=295516)

  • Dec 24, 2008, 06:08 PM
    ume zainab
    A divorce girl want to get married again parents not agree
    what islam says about getting married second time without parents permission?my friend she wants to get married with her cousin.she has divorce from her first husband.she has 1 daughter as well.her parents not agree to get married with her cousin.
    she really wants to get married to him because of her daughter s protection.if she goes to her parents against is she going to get gunnah?
    please help her in islamicly so she can make right decision.
  • Dec 24, 2008, 08:54 PM
    lawanwadee

    When you mentioned "cousin", how exactly your friend and her cousin related? If they are first cousins, the answer is no. This is not accepted either by culture or by the law.
  • Dec 24, 2008, 09:08 PM
    mmasroor
    Permission from Parent is required because of Adab. Otherwise she does need permission.
    This is my opinion. Allah Knows best.
    You should also consult with Imam of your masjid.
  • Dec 26, 2008, 06:19 AM
    PunkChic

    From what I've been told by a Imam is you can get married to the person of your choice just as long it ain't your brother or someone like that but if your parents don't agree, they need to give a valid Islamic reason for it. If they can't, then you can go ahead with the marriage.
  • Apr 12, 2009, 05:32 AM
    jojo24792

    A divorced woman does not need the permission of her parents in order to get married again.
  • Apr 12, 2009, 08:57 AM
    hmorrar
    Quote:

    When you mentioned "cousin", how exactly your friend and her cousin related? If they are first cousins, the answer is no. This is not accepted either by culture or by the law.
    If they are first cousins, the answer is no. This is not accepted either by culture or by the law.
    Permission from Parent is required because of Adab. Otherwise she does need permission
    Divorced woman does not need the permission of her parents in order to get married again
    .
    Am really frustrated to see all nonsense fatwa and this ignorance everywhere, sister and everybody else please whenever anyone has a fatwa please go to a trust worthy Sheikh who has the right knowledge to be asked.

    All above answers are incorrect, all of them,
    1- she can marry her cousine
    2- permission of her father or al waleyy if her father is not alive is required and marriage is false if not taken
    3- it is the same for divorced or non divorced women
    4- if her father didn't approve it, she must believe and have faith in God as whatever is chosen will be better for her

    If anyone has trouble finding one please let me know I have few to refer you too



    وَعَسَى أَن تَكْرَهُواْ شَيْئًا وَهُوَ خَيْرٌ لَّكُمْ وَعَسَى أَن تُحِبُّواْ شَيْئًا وَهُوَ شَرٌّ لَّكُمْ وَاللّهُ يَعْلَمُ وَأَنتُمْ لاَ تَعْلَمُونَ

    Translation with preservations:
    But it is possible that ye dislike a thing which is good for you, and that ye love a thing which is bad for you. But Allah knoweth, and ye know not.


    حدثنا أبو بكر قال : ثنا معاذ قال : أنا ابن جريج عن سليمان بن موسى عن الزهري عن عروة عن عائشة قالت قال رسول الله صلى الله عليه وسلم : أيما امرأة لم ينكحها الولي أو الولاة فنكاحها باطل قالها ثلاثا فإن أصابها فلها مهرها بما استحل منها ، فإن اشتجروا فالسلطان ولي من لا ولي له

    Translation with preservations:
    Abu Bakr said to us: Tna Moad, he said: That the son of Greg Sulieman bin Mosa of Al Zahri of Orwa of Aisha that she said

    "The Messenger of Allah and peace be upon him:" Any woman not married by her guardian or guardians, her marriage is invalid, he said that three, had he touched her so she has her upfront payment of what he had touched her, and if they disagreed so the Governor is the guardian for whom has no guardian
  • Apr 12, 2009, 09:35 AM
    jojo24792

    According to the Hanafi madhab a woman who hasn't been divorced can get married without her parents permission, its not encorouged but nonthleess the marriage is still valid . According to the other three madhaahibs it is not however all four unanimously agree that a divorcée does not need the permission of her parents.
    This is not ignorance but simple fiqhi rules to those of us who stick to the following of a madhab.

    In regards to marrying your cousins yes you can.
  • Apr 12, 2009, 09:54 AM
    hmorrar
    Quote:

    Originally Posted by jojo24792 View Post
    According to the Hanafi madhab a woman who hasn't been divorced can get married without her parents permission

    Brother this is also not accurate, all four Imams had there verdicts and Fatwas according to the Hadeeth's they known then as not all of them had all Hadeeths collected as we do now.

    So in all Fatwas if Imam Hanafi, Shafii, Hanbali or Hanafi says something and there is an opposite hadeeth that is know true we igonore the Imam's saying totatlly, there are similar cases where the Imam's fatwa contradicts the Hadeeth and even the Imam's themselves said that if ever you find our Fatwa against a Hadeeth know to be true from the prophet we must take the word of the prophet.
  • Apr 12, 2009, 09:56 AM
    hmorrar
    Sorry to add, but as I said earlier am not a Shiekh and for any fatwa or Hukom (Rule) a trusted Shiekh with knowledge and wisdom should be asked
  • Apr 12, 2009, 02:50 PM
    jojo24792

    I'm sorry I totally diasagree with what you'ev said and I have my reasons however I can see that thiers no point trying to explain to you by the way I'm a sister
  • Apr 12, 2009, 09:58 PM
    hmorrar
    Quote:

    Originally Posted by jojo24792 View Post
    i'm sorry i totally diasagree with what you'ev said and I have my reasons however i can see that thiers no point trying to explain to you btw i'm a sister

    It is not for you or me do agree or disagree, there are rules of Shariah so when you become a scholar of Shariah then when you have experience and wisdom then you may say I agree or disagree
  • Apr 13, 2009, 04:51 AM
    jojo24792
    Quote:

    Originally Posted by hmorrar View Post
    it is not for you or me do agree or disagree, there are rules of Shariah so when you become a scholar of Shariah then when you have experience and wisdom then you may say I agree or disagree

    Were you aware that the Shariah orders us laymen to make taqleed of mujtahid imams?
  • Apr 13, 2009, 05:46 AM
    hmorrar
    Quote:

    Originally Posted by jojo24792 View Post
    i'm sorry i totally diasagree with what you'ev said and I have my reasons however i can see that thiers no point trying to explain to you btw i'm a sister

    There is no point or added value for our disagreement as we both are not Shariah scholars, you or me cannot have "an opinion" in Shariah for things bound to rules, for example you cannot impose an opinion such "I think prayers should be 5 times" or "I don't think Hijab is a must" simply because those are rules. In the same manner to what scholars agree or define based on Quran and Hadeeth.

    Can we argue on something in brain nerve surgery saying "I think" or "I don't think"

    وَمَا كَانَ لِمُؤْمِنٍ وَلَا مُؤْمِنَةٍ إِذَا قَضَى اللَّهُ وَرَسُولُهُ أَمْرًا أَن يَكُونَ لَهُمُ الْخِيَرَةُ مِنْ أَمْرِهِمْ وَمَن يَعْصِ اللَّهَ وَرَسُولَهُ فَقَدْ ضَلَّ ضَلَالًا مُّبِينًا


    33:36 It is not fitting for a Believer, man or woman, when a matter has been decided by Allah and His Messenger to have any option about their decision: if any one disobeys Allah and His Messenger, he is indeed on a clearly wrong Path
  • May 22, 2009, 07:58 PM
    havaluk

    Assalamu alaykum,

    ume zainab, You nor Your friend should contact an iman and ask him to explain the following hadit:
    "The divorced/mature woman marries herself". To my knowledge it exists in Buhari and 2 of the main schools speak about it and have positions that differ. That's why I would see a scholar for this issue. Also to get the exact and correct translation.

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