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What is the ruling on a previously married woman (thayyib) who became so through fornication, knowing that her guardian will refuse (to approve her marriage), and plans to marry a married man in another country like "Egypt" through a Sharia judge?

1 min readAlso available in العربية

Marriage is not valid except with a guardian (wali), based on the Almighty's saying: (And marry those among you who are single) and the Prophet's (peace be upon him) saying: "There is no marriage except with a guardian," and "Any woman who marries without the permission of her guardian, her marriage is void." A woman cannot marry herself off, nor can she appoint someone other than her guardian, whether she has been previously married or not, young or old. This is the view of the majority of scholars. The most rightful guardians are the father, then the paternal grandfather, then the son, then the full brother, then the paternal half-brother, and so on. If there is no guardian, then the ruler is the guardian of those who have no guardian. It is not permissible for a woman to travel without a mahram. Disobeying parents, marrying without their permission, and forbidden travel are all prohibited matters. It is obligatory to repent to Allah, and it is not obligatory to inform the husband about past sins; rather, one should conceal oneself with Allah's concealment.

Summarized from the full answer at Ftawy · reviewed Sep 2, 2026

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