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Wants to Cut Relation with Sister Who Married Without His Permission

Question

I have a sister who has been divorced for one year. After her edda period she married another person who doesn't pray salah without the knowladge of her {wali} Our father died and now I am her wali, she didn't inform me. I knew about her marriage after one month, because of that I cut relation with her for about one year. What is your advice to me, because I want to cut relation with her forever?

Answer

All perfect praise be to Allah, The Lord of the Worlds. I testify that there is none worthy of worship except Allah, and that Muhammad  sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention ) is His slave and Messenger.

The marriage without the consent of the guardian of the woman is invalid.

A woman is not allowed to marry herself off whether she was married previously or not, aged or not. The Prophet  sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention ) said: “No marriage is valid without the consent of the guardian.” [Ahmad and others] This is the opinion of the majority of Muslim scholars. Imam Maalik, Ash-Shaafi’i and Ahmad are among them.

The most deserved person to marry off a woman is her father, then her grandfather and so on. If no such guardians are available, then her son, or grandson, or their male descendants will be her guardians to marry her off. If they do not exist, then her full brother and then her half-brother, etc. will be her guardian.

The marriage contract that is conducted without the consent of the guardian should be annulled and continuing it is forbidden.

As for the matter of cutting off relations with the sister, we say, basically it is not allowable for a Muslim to keep apart from his Muslim brother/sister for more than three days except for a legal reason, such as being an innovator or if one disobeys Allah openly.

However, cutting relation is only to achieve benefits. Sometimes it causes harms such as the disobedient goes forth in committing sins. In such a case, one should take the most suitable step and should adopt another means instead of cutting off the relations.

Ibn Muflih  may  Allaah  have  mercy  upon  him said: “Separating oneself from the one who openly commits sins whether they are actions, words or faith, is desirable. Ahmad  may  Allaah  have  mercy  upon  him said: “If one believes that a person will continue committing sins, then one may break off his relation from him till he repents.” [Al-Aadaab Ash-Shar’iyyah]

Allah knows best.

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