Got married with their own consent, neither of the parents agreed, after misunderstood them, should he remarry now?

One of the sisters asked Shaykh Ahmadullah,

 "When a young man and a young woman got married with their own consent, neither of the parents agreed. After a long time, they misunderstood them. Should he remarry now?"

 Shaykh's answer: -

  Sister, you have asked an important question. Many of us are confused about this issue and many of us are in the fog.  If those who follow it perform the marriage without a guardian, then their marriage is pure from the point of view of Hanafi jurisprudence.

 We know that there is a difference of opinion between the scholars and the Imams. According to Imam Abu Hanifa (Rah), the marriage of an adult man and woman is performed without the consent of the guardian. However, according to other Imams, Imam Ahmad bin Humble (Rah), Imam  According to Shafi'i (Rah) etc., marriage is not performed without the consent of the guardian, if it is, the marriage will be considered void. It is not a valid marriage.

 However, we will not go into the differences of opinion that we know about. In our country, the traditional fiqh is based on Hanafi or Hanafi fiqh.  On the contrary, the opinion of all the Imams who impose the conditions of guardianship on the purity of marriage is richer and stronger in terms of documentation.  Will he remarry again?

 In answer to this question, we will say, "No," he will no longer have to remarry, and the children he has will not be invalid.

 Because one of the principles is that you rely on the research of an imam or a mujtahid if you do or do a deed.  So if it seems more correct to you, then what you have done before is based on the words of a researcher, a mujtahid imam, based on a fatwa, then you have done that deed wrong, you have done wrong then sinned, that deed is canceled, that deed is done again.  This is not right at all. You do not have to do this in the light of the principles of Islamic jurisprudence.

 Shaykh Saleh Al-Munajjid (Hafi) is a world-renowned scholar based in Saudi Arabia. In his "Islama qa", he said this in response to a question.  What you have done is not right. If you think so, then what you have done before will result in your sin, mistake or you have to do it again, but it is not like that.

 And in this case, he said another thing, if you have fabricated the matter, if you have made up your mind, then your work is wrong and you have fabricated it and it will be your sin.

 But if you base it on the ijtihad of the ulama without fabrication, then inshallah you have no liability, no sin, no mistake and you will not have to do it again. And Ibn Kudama Hambli (Rah) has said in his book Al-Mughni that if a marriage without a guardian has been given by a qazi, a ruler or a person in charge of the Islamic state, then the marriage cannot be dissolved.  Marriage is without a guardian. ”

 Imam Ibn Kudama (Rah) is one of the great Imams of Hanbali Fiqh. In his view, marriage is not pure without a guardian.

 If a mujtahid says ijtihad or an imam says ijtihad and acts based on his words, then you do not have to break it. There is no need to break this marriage, there is no need to re-teach it.  The children are legal or illegal.

 Shaykh Saleh Al-Munajjid (Hafi) said in response to question 1328:

 "In all the countries where Hanafi fiqh is practiced, the ulama of all countries consider marriage to be halal without the consent of the guardian. Based on this, there is no need to say that if one is married, he should break the marriage and re-teach it."

 There is no need for us to be embarrassed or worried about the matter. May Allah (swt) protect us from confusion.

 According to Mujtahid's research, if we act accordingly, even if he makes a mistake, we will not be guilty of it. Rather, we should keep in mind that famous hadith of the Prophet (peace and blessings of Allaah be upon him) that

 "If an imam researches and says something, even if he says something wrong, Allah will reward him and it will not be a sin."

 Then it will not be a sin for anyone to act on it. There is no reason to be worried about it. May Allah grant us the grace to do our deeds. Amen.

 Shaykh Ahmadullah (Hafiz)