A divorcee sister wishes to get remarried. Does she need permission from her brother before getting married?

Bismillahi Ta’ala

Walaikum Assalam Warahmatullah

In Hanafi jurisprudence, the Nikah (marriage contract) requires Ijab (proposal) and Qubool (acceptance) in the past tense, along with the presence of witnesses. This ensures the strict technical validity of the Nikah.

However, to enjoy a blissful marriage, there are other etiquettes to consider, and appropriate decisions must be made. Marriage should lead to a generally comforting and satisfactory relationship that extends to families as well. While fulfilling the core requirements of Nikah based on technicalities may suffice, it can lead to long-lasting deterioration in relationships with other family members.

Similarly, those who wish to avoid obtaining permissions and engaging with elders within the family may tend to keep their marriage secret. This secrecy can cause difficulties for the married couple as well as their extended families. Therefore, scholars generally do not recommend such secrecy in marriage, with some even strongly opposing secret marriages.

Anyone wanting to marry should carefully consider all possible concerns and make an appropriate decision accordingly.

Wallahu A’lam

And Allah Ta’āla Knows Best
Mufti Faisal al-Mahmudi