Question on marriage

[islamirama]

From someone:

If a girl married secretly then ofcourse its a sin in islam. and now if she is sorry, and her family is not accepting the marriage and also, she feels emotionally neglected by the boy...though he doesn't want to divorce her, can the girl divorce him.

She is guilty and asked many muftis but one mufti said if he emotionally abuses her then its ok if she divorce and another mufti said that her husband has more right over her than the family.

Either way she is very pressured and mentally becoming unstable.

what would you suggest, from Quran and sunnah?

 

[- Qatada -]

:salamext:


check this akhi insha Allah:


Khul'
http://islamtoday.com/show_quest_section.cfm?main_cat_id=8&sub_cat_id=53

 

[islamirama]

wa'alaiakum as'salaam wr wb

jazaks bro, but shouldn't we first see if the marriage is even valid seeing how it was done in secrete & her family doesn't even recognize it?

"No marriage is valid without a wali." [related by Ahmed and others and deemed sound by Ahmed, Ibn Hajar and others]

The Prophet SAAWS said: "There is no marriage without the permission of a guardian." [Sunan of Abu Dawood 2080, Narrated Abu Musa]

"When a woman marries without the permission of her wali, then her marriage is not valid, not valid, not valid." [Related by Ahmad, Tirmidhi and others. Tirmidhi said, this is a hasan Hadith]

 

[- Qatada -]

:salamext:


yeh i get you, however there is a hanafi opinion which is used quite commonly by people which you probably know of, but you can check the opinions here and the details of whether its valid [with what proofs are used etc] from these links insha Allah:

http://islamtoday.com/show_quest_section.cfm?main_cat_id=17&sub_cat_id=84

http://islamtoday.com/show_sub_section.cfm?main_cat_id=17&sub_cat_id=0

 

[*cough*]

t[SIZE=-1]he prophet (saw) said, that amongst all that Allah has made lawful Allah hates divorce, maybe the sister should try resolving things with her husband first, before taking such a big decision. this is complicated may Allah make it easy for her.
[/SIZE]

 

[piXie]

EDIT: Need to Re-check what I said

 

[tigersabre]

Salaam alaykum,

There are other factors to consider, such as whether or not she knew the marriage to be valid when doing this secretly. One also need to look into the school of jurisprudence she was following - if she was hanafi, obviously we think this is a mistaken opinion, but it seems the girl is a layperson in the traditional sense of the meaning, and I believe her marriage could be considered valid with that pretext.

She situation should first be completely clarified by a local imam in her community, and she should go from there, insha'Allah.

 

[Tania]

Communication- because they are now a family the most normal thing would be to talk and try to find the harmony.