Does a widow need her brother's permission to get married?

· 19 Jumada II 1438 AH1 min readEnglish

Question

I was married before and have a son who was born within my marriage and now I am divorced and would like to remarry. However I have no relationship at all with my eldest brother who supposed to be my wakeel, as he does not acknowledge me and he even calls me a Kaafir infront of people. He always insults me infront of others. He does not greet me back when I greet him and he is also someone that had been for hajj and prays 5 times a day. He is my fathers eldest son from his first wife and I am the youngest daughter of the 2nd wife. Both my mother and our father passed on. My question is if I would like to get married, do I need his permission since I have already been married, as I am trying to be the better person but he does not allow me to as I have now decided to keep my distance from him.

Answer

No.

And Allah Ta'ala (الله تعالى) knows best.

Answered by
Mufti Ebrahim Salejee (Isipingo Beach)
Questions about this ruling, answered only from the archive with sources.

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

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