She Married Without A Wali (Guardian) And Wants To Repeat The Marriage Contract, But Her Husband Refuses
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Im in a dilema
at the moment. A few months ago I married a brother
without my family's knowledge (my fmaily are non-muslims),
we decided we would keep the marriage between
ourselves until my family are in acceptance of him.
Its was a very basic ceromony. But recently I have
realised that my marriage is not valid as I did not
have a wali present, only 2 witnesses. I informed my
husband straight away and now he says he does not want
us to be married again as he feels he is not ready for
is we have been together once and now I am pregnant,
and he says its a child of Zina and he has no
responsability over it and its up to me what I decide
to do but its better that I have an abortion for both
our sakes and the childs.
Please can you help in in advising me what to do as if
my family find out I will be disowned and have nowhere
to go as I will be a single mother. My pregnancy is in
early weeks so far.
Praise be to Allaah.
a woman to get married without a wali (guardian), and
it regards a marriage contract done without a wali as
invalid. A kaafir cannot be the wali of a Muslim
woman, so if none of her family are Muslims, then the
leader or mufti of the Muslims, or the imam of the
Islamic center, should stand in as her wali.
Ibn Qudaamah said: A kaafir cannot be the wali of a
Muslim woman under any circumstances, according to
We have discussed all of the above, with evidence and
the comments of the scholars, please see the answers
to questions no. 7989 and 2127.
So the marriage contract is not valid, and it must be
annulled and you have to keep away from your husband.
The husband has to repeat the marriage contact in the
manner prescribed in sharee'ah, if he wants to be
married to you. Try to get some good and righteous
people to intervene and convince him to do that, and
to correct his mistake, as this is in your interests
and the interests of your child. If he does not
respond, then our advice is to forget about him,
because his words are not the words of a trustworthy
man. His saying that he is "not ready for marriage"
indicates that he only wanted to have intercourse with
you, and he did not want to adhere to the commands and
laws of Allaah, and the commands to be the protector
and maintainer of his wife.
See also the answer to question no. 13501
It is not permissible for him to tell you to have an
abortion, and it is not permissible for you to have an
abortion if the foetus has reached the stage where the
soul has been breathed into it. If you do that you
will be killing a soul.
See also questions no 12118 and 13319 and 4038.
With regard to the child, it is valid to call him
after his father and he is not regarded as an
illegitimate child, rather the scholars regard him as
the child of a marriage contract with some faults in
it, and the child born of such a marriage is to be
attributed to his father. See al-Mughni, 11/196
Remember that Allaah has guaranteed provision for His
slaves, and has promised that whoever fears Allaah, He
will give him a way out.
So fear Allaah, put your trust in Him and repent to
him… Part of repenting means separating from this man,
because the marriage contract is invalid, for there is
no marriage without a wali, as the Prophet (Peace And
Blessings Of Allaah Be Upon Him) said. And when you do
that you will be doing it only because it is the
command of Allaah.
Know that whoever gives up something for the sake of
Allaah, Allaah will compensate him or her with
something better… May Allaah give you strength and
make things easy for you.
And Allaah knows best.