s the nikah valid if the wali of the wife becomes her previous husband who gave her talaaq

· 8 Shaʻban 1426 AH1 min readFatwa 13441English

Question

s the nikah valid if the wali of the wife becomes her previous husband who gave her talaaq. I married a woman who was previously married. She was a new muslim so I did not find a wali for her and I did not have her present at the nikah. I made her write a note saying she agrees to nikah with me. Than I had her previous husband read the note in front of 2 witnesses at the nikah in the masjid. Than I performed my own nikah with her previous husband as the wali. So is my nikah valid

Answer

Her ex-husband merely acted as a representative in her Nikah. Anybody can act as a representative in Nikah.

Hence, your Nikah is valid.

and Allah Ta'ala Knows Best

Mufti Muhammad Kadwa

FATWA DEPT.

Answered by
Mufti Muhammad Kadwa
Questions about this ruling, answered only from the archive with sources.

Where scholars differ, it’s safer to take the more cautious view.

Fatawa SA is an independent, read-only index of fatawa already published by Darul Iftaa Mahmudiyyah. It is not a fatwa service. For your own situation, please ask a Mufti. Report an issue

For corrections or mistakes, please email us at fatawasa786@gmail.com.

People also ask

What is needed for a valid nikah?

“A nikaah without witnesses is not valid. Hence, no nikaah had taken place. You do not have to inform your father of what had transpired in the past. Just make taubah and beg Allah Ta'ala's forgiveness for getting involved in a…”

Mufti Online · 184 fatawa from 5 Darul Iftas on this

What the Darul Iftas say
Can I marry without my parents' consent?

“In the absence of a close male family member to act as your Wali (guardian) it is permitted to appoint another as your Wakeel (representative) for your Nikah. Accordingly, it will be in order to appoint your mother’s sister’s…”

Jamiat KZN · 112 fatawa from 6 Darul Iftas on this

What the Darul Iftas say