Question
Reference number: 428415 | Inheritance, Bequests, Endowment, Personal Status | Aug. 31, 2022
What is the ruling if a previously married woman (divorced or widow) wants to get married secretly and without her guardian’s permission?
Answer
Praise Be to Allah and Peace Be Upon His Messenger.
Initially, the guardian’s permission is crucial if the girl is single. However, Abu Hanifah proposed another opinion. He saw that a mature woman can get married without her guardian’s approval. The Palestinian Personal Status Law approved Abu Hanifah’s opinion only if the woman had previously got married. In other words, the previously married woman can get married another time without getting her guardian’s satisfaction or permission.
Therefore, according to the Jordanian Personal Status Law, item 13, which is also implemented in Palestinian Courts which states: “The agreement or approval of a guardian is not crucial when a previously married woman wants to get married once again as long as she is mature and older than 18.”
However, it would be better if the woman tries to persuade some of her guardians to stand beside her. Otherwise, she can raise the issue to the Islamic Judge to be her guardian. The prophet said: “The rural is the guardian of the one who does not have a guardian.” Sunan Abu Dawood
Therefore, it is allowed for you dear questioner to marry that woman provided that the contract is valid and recorded in the Islamic Court and the witnesses are authentic.