A marriage contract undertaken by an unauthorized person
7-11-2010 | IslamWeb
Question:
A very sad and strange thing has happened to me. I took a khul from my husband a few months ago. I took it due to many defects I found in my husband. My then ex husband began to daily pressure me to marry him again. I did not want to but found it hard to get him to leave me alone. It seems he wrote a letter to his friend pretending to be me asking the friend to be my wali. Then had two witnesses, the wali, himself and the person who did the marriage meet. They never talked to me and I was never present there.They then married me back to him with a new dowry. Which honestly I don't really want this marriage at all. I love him and care for him and dont want to hurt him but I also do not want to be his wife. After I found out they had married me back to my ex husband. I decided to not protest and just be quiet. My ex husband said we could marry again in person when he comes back to my residing country. During Ramadan I saw a Islamic teacher give some class in the masjid while he stayed doing ikitaaf. I was never alone with him and never did anything harram. I did notice his very good manners, adherence to the salaf way and I think he is attractive. I somehow fell in love with him and he does not know. Allah have mercy on me. He is the kind of man I always hoped my ex husband would be. I saw him many times and do my best to restrain my self from glances and fear Allaah (swt). I hear him teaching though and really want to be his wife. Please advise me. I am so sad I been crying for days wanting to marry him if he will accept me and my many children. I don't know how to get my ex husband to release me. I am very beautiful, smart, kind, charitable and etc so I am like a crown my husband refuse to let go of. Please do not post this on the site my life will be in danger. My "husband" is due to return to my country in less then twenty days. Am I married to him? How do I ask him to please leave me alone? What do I do about love in my heart for the teacher?
Answer:
All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad 
is His slave and Messenger.
The Islamic marriage should fulfill some conditions, among which is the guardian (of the woman); therefore, if a woman has no Muslim guardian, then her guardian is the Muslim ruler or whoever acts on his behalf. If these are not available, then she should appoint a Muslim man (in order to marry her off). Ibn Qudaamah 
said: “If a Muslim woman has no Muslim guardian and no Muslim ruler, then according to the view of Imaam Ahmad a trustworthy Muslim man should marry her off with her permission.”
Therefore, if you have no Muslim guardian, and there is no one to act on his behalf in your country, and this man married you off without your permission, then it is a marriage contract undertaken by a Fudhooli (i.e. an unauthorized person who conducts marriage without the proper authority of the concerned person) and it is a valid marriage according to the view of the majority of the scholars 
if the person for whom it is conducted ratifies it as it is apparent in your situation from your statement “I decided to not protest”. In this case, your going back to your husband is valid, and you should endeavor to be patient with him and you should not look for other men otherwise you would be neglectful about his right over you and it is considered as committing an act of evil and temptation and this is what Allaah has forbidden.
If we presume that the marriage is not valid, then if that man – we mean your previous husband – is attached to you, and you love him as you mentioned, then we advise you to return to him and agree to accept to be his wife again if you do not fear that what caused your separation in the past will happen again. Also, if you can impose on him some conditions to insure that what happened before will not happen again, then you may do so.
As regards your heart being attached to the other man, then please refer to Fatwa 84544.
Allaah Knows best.