Topic: Obtaining a new walee when your father is muslim/remarrying an abusive ex-husband

UmmSyid    -- 30-09-2003 @ 2:10 PM
  Assalaamu alaikum wa rahmatullahi wa barakatu,
         Is it permissible for a sister to get a walee outside of her family?  Her father, and brothers, Alhamdulillah are all muslim, but she desires to marry her ex-husband back, and they will not approve of the marriage.  (The marriage was ended after she sought, and was granted a Khula, because the brother physically abused her, punching her in the face and chest, and choking her while she was pregnant with his child).  
          The situation immediately after the incident was extremely intense, and threats were made to the brother, BUT ALHAMDULILLAH HE WAS NOT HARMED PHYSICALLY BY THE FATHER OR ANY OF THE BROTHERS, as for the threats, Insha Allah those who made them have made Taubah, and understand that these mannerisms are not from Islam. Since then, the ex-husband, has had limited contact with the sisters father, they have seen each other on a few occassions, but the father has no desire to have any sort of dealings with the ex-husband.  
          The brother (the ex-husband) is now using this to say, that since they acted in an un-Islamic manner, the sister has a right to obtain a new walee.  Insha Allah if anyone can offer any insight into this situation it would be greatly appreciated.  Also, what advice should be given to the sister regarding marrying the brother again? Please keep in mind, that this is not an isolated incident, and the brother was married once before, and was also physically abusive to his ex-wife.

Barakallahu Feekum

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