She got married without a walee and her husband refuses to repeat the marriage contract

Question: 7877

I was married about two months after becoming Muslim and at the time I did
not know much about riage according to the Qur’an and Sunnah. So my husband
(who is muslim) and I were married at a courthouse.

I have since found out that I need a wali for my marriage to be valid, and
that I should be married in the correct Islamic way.

I have spoken to my husband about this and he does not want to do this. Is
our marriage still valid? And if not, should I separate from him since he refuses
this?

Answer

Praise be to Allah, and peace and blessings be upon the Messenger of Allah and his family.

You must convince him to repeat the marriage contract with the proposal from the walee (guardian) and acceptance by the husband. Try to avoid him and keep away from him until the contract is redone, and Allaah is with those who are patient. See also Questions #s 2127 and 6122.

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Source:

Sheikh Muhammed Salih Al-Munajjid