{"fatawa":{"id":8455,"title":"Stipulating the presence of a guardian (wali) in a misyaar marriage","slug":"stipulating-the-presence-of-a-guardian-wali-in-a-misyaar-marriage","order":"","question":"If I divorced my wife with one talaaq, whilst she is still in her \u2018iddah is it permissible for me to do a new misyaar marriage contract?  \r\nDo I have to do get the permission of her guardians for a new marriage contract? \r\nIf her guardian did not know about the misyaar marriage and did not agree to it, is it permissible for the imam to take the place of her guardian?.","answer":"Praise be to Allaah.\r\nFirstly: \r\n\r\nIf a man divorces his wife with one talaaq, it is permissible for him to take her back so long as she is still within the \u2018iddah period. Taking her back may be done verbally, or by having intercourse with her with the intention of taking her back. If the \u2018iddah has ended, he cannot take her back except with a new marriage contract. \r\n\r\nHe may also marry a second wife before divorcing the first one or afterwards or during the \u2018iddah, because there is no connection between the two matters. And he does not have to tell the first wife or get her agreement, because Allah has permitted the man to have four wives on condition that he treat them fairly. Allah, may He be exalted, says (interpretation of the meaning): \u201cthen marry (other) women of your choice, two or three, or four; but if you fear that you shall not be able to deal justly (with them), then only one\u201d [al-Nisa\u2019 4:3]. \r\n\r\nSecondly: \r\n\r\nA misyaar marriage, if it fulfils the conditions of marriage, namely the consent of the woman, the presence of her guardian and two witnesses, and the mahr, is a valid marriage and there is nothing wrong with a woman yielding some of her rights to accommodation, a share of her husband\u2019s time or maintenance. \r\n\r\nBut marriage without the guardian is not valid, because the Prophet (blessings and peace of Allah be upon him) said: \u201cThere is no marriage except with a guardian.\u201d Narrated by Abu Dawood (2085), al-Tirmidhi (1101) and Ibn Maajah (1881) from the hadeeth of Abu Moosa al-Ash\u2018ari; classed as saheeh by al-Albaani in Saheeh al-Tirmidhi. \r\n\r\nAnd the Prophet (blessings and peace of Allah be upon him) said: \u201cThere is no marriage except with a guardian and two witnesses of good character.\u201d Narrated by al-Bayhaqi from the hadeeth of \u2018Imraan and \u2018Aa\u2019ishah; classed as saheeh by al-Albaani in Saheeh al-Jaami\u2018, no. 7557. \r\n\r\nAnd he (blessings and peace of Allah be upon him) said: \u201cAny woman who gets married without the permission of her guardian, her marriage is invalid, her marriage is invalid, her marriage is invalid.\u201d Narrated by Ahmad (24417), Abu Dawood (2083) and al-Tirmidhi (1102); classed as saheeh by al-Albaani in Saheeh al-Jaami\u2018, no. 2709. \r\n\r\nIt is not permissible to conceal the matter from her guardian and the marriage is not valid unless it is done by the guardian himself or the guardian delegates someone to do the marriage contract on his behalf. \r\n\r\nIt is not permissible for the imam to take his place unless the guardian has delegated him to do the marriage contract. \r\n\r\nThe condition of the guardian being present is emphatically stipulated in the case of misyaar marriage, so as to differentiate between it and immoral relationships. \r\n\r\nSee also the answer to question no. 82390. \r\n\r\nAnd Allah knows best.\r\n\r\nIslam Q&A","status":1,"created_at":"2014-11-03T21:51:57.000000Z","updated_at":"2014-11-03T21:51:57.000000Z","language_id":1,"fatawacate_id":35,"parent_id":8454,"author_id":"","books":[],"articles":[],"videos":[],"audios":[],"author_name":"","category_name":"\u0634\u0631\u0648\u0637 \u0627\u0644\u0646\u0643\u0627\u062d","category_slug":"","get_date":"2014-11-03"},"translations":[],"fatawa_books":[],"fatawa_articles":[],"fatawa_videos":[],"fatawa_audios":[],"url":"http:\/\/www.islamland.com\/eng\/api\/fatawas\/8455"}