A second nikah without seeing the divorce document

Question

In 1955 I was divorced (talaq). The divorce document is in the possession of my brothers; they do not want to give it, and they also do not agree to my second marriage ('aqd). I am an adult and, understanding what is to my benefit and harm, I want to contract a second marriage. However, the qadis and religious scholars require the talaq or some eyewitness testimony, and because of my brothers this is not possible. Apart from this, can there be any other way by which I could contract my second marriage?

Answer

If the brothers do not give the divorce document and your second nikah is not taking place without it being shown, then this is oppression (zulm) on the part of the brothers. If there is a person who trusts what you say and is willing to marry without seeing the divorce document, then the nikah with him will be valid.

Source: Fatawa Mahmudiyya

Preview. The full text opens with JavaScript enabled.