A man contracted marriage with his wife, but her maternal uncle objected, took the marriage contract, and demanded a divorce, so he divorced her
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Fatwa No. ( 9372 )
Q: I married a woman whose father is deceased, and her guardian is her brother. I married her with the consent of her and her mother, and they signed in the presence of the legal authority. A certificate numbered 13 dated 11/3/1405 AH was issued by the Tayma Sharia Court, stating that she has an opposing uncle who claims that I did not marry her in a Sharia court. I showed him the certificate to convince him, but after he took the certificate, he refused to return it to me. I stood up to leave his house, but he stood up with me and said: "You must divorce her." In the heat of anger, I pronounced one divorce, and I had not consummated the marriage. I left and went to some witnesses who immediately attested to this . I ask your eminence to look into this divorce: is it valid or not? I informed her brother and her mother of this situation, and they told me: "If you divorce her, go ahead, prepare, and take your female slave." Peace be upon you, knowing that the divorce was forced upon me because of her uncle and in a moment of anger to resolve the problem.
A: If the matter is as you described, it is permissible for you to contract a new marriage with the aforementioned wife with her consent, the consent of her legal guardian, the testimony of two just witnesses, and a new mahr (bridal gift). The aforementioned divorce is counted as one divorce against you.
And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad and his family and his Companions.
Q: I married a woman whose father is deceased, and her guardian is her brother. I married her with the consent of her and her mother, and they signed in the presence of the legal authority. A certificate numbered 13 dated 11/3/1405 AH was issued by the Tayma Sharia Court, stating that she has an opposing uncle who claims that I did not marry her in a Sharia court. I showed him the certificate to convince him, but after he took the certificate, he refused to return it to me. I stood up to leave his house, but he stood up with me and said: "You must divorce her." In the heat of anger, I pronounced one divorce, and I had not consummated the marriage. I left and went to some witnesses who immediately attested to this . I ask your eminence to look into this divorce: is it valid or not? I informed her brother and her mother of this situation, and they told me: "If you divorce her, go ahead, prepare, and take your female slave." Peace be upon you, knowing that the divorce was forced upon me because of her uncle and in a moment of anger to resolve the problem.
A: If the matter is as you described, it is permissible for you to contract a new marriage with the aforementioned wife with her consent, the consent of her legal guardian, the testimony of two just witnesses, and a new mahr (bridal gift). The aforementioned divorce is counted as one divorce against you.
And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad and his family and his Companions.
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.