I Am a Maliki and My Father Was Not Physically Present When I Remarried My Ex-Husband. Was My Nikah Valid?

Question:

Assalamu ‘alaykum.

I am of Moroccan descent and Maliki by madhhab. I re-married my husband (Pakistani and Hanafi) after a talaq ba’in, without my dad being present, although we called him during the nikah to confirm consent. Is our nikah valid?

Answer:

Wa ‘alaykum assalam wa rahmatullah wa barakatuh.

I pray you are well.

The Father’s Presence at a Nikah is Not Needed

Yes, you are free to marry whoever you want, and your father’s physical presence is not a condition in the Hanafi school. The Father’s approval is important if the groom is not suitable for the lady, but that is not the case.

If all the conditions of the nikah were present, then it is a valid marriage, provided he didn’t divorce you with a triple divorce. Your school of Fiqh does not affect the situation. (Maydani, al Lubab)

May Allah bless you in your marriage. Please take this free course with your husband. It may be the means for many blessings to come into your life.

[Shaykh] Abdul-Rahim

Checked and Approved by Shaykh Faraz Rabbani

Shaykh Abdul-Rahim Reasat began his studies in Arabic Grammar and Morphology in 2005. After graduating with a degree in English and History, he moved to Damascus in 2007, where, for 18 months, he studied with many erudite scholars. In late 2008 he moved to Amman, Jordan, where he continued his studies for the next six years in Sacred Law (fiqh), legal theory (Usul al-fiqh), theology, hadith methodology, hadith commentary, and Logic. He was also given licenses of mastery in the science of Quranic recital. He was able to study an extensive curriculum of Quranic sciences, tafsir, Arabic grammar, and Arabic eloquence.