Back to search
The question

What is the ruling on a marriage that was conducted without the guardian's permission, relying on a fatwa that permits it? And does a divorce issued during such a marriage, with the words "you are divorced, you are divorced, you are divorced," to a menstruating woman, count as three divorces? What should the husband do after he realized the invalidity of the marriage and the non-occurrence of the divorce from another perspective, and then divorced her again for fear that she might marry another man?

Share this answer

Source: FtawySummarized from the full answer at Ftawy · reviewed Sep 2, 20261 min readAlso available in العربية
The answer

What the man told you about the permissibility of your marriage to this girl without the knowledge of her guardian is in accordance with the Madhhab of Imam Abu Hanifa, may Allah have mercy on him, but it contradicts the preponderant opinion and what the majority of the Ummah holds regarding the necessity of a guardian for the validity of the marriage contract.

Your divorce of your wife is a valid divorce. Divorce during menstruation does not take effect and is not counted unless the husband believes it to be valid. Your taking her back, if it was during the waiting period (iddah), is valid. If it was after its completion, it is not valid.

The iddah for a divorced woman is three menstrual cycles, and her husband has no right to take her back except within the iddah period.

The second divorce takes effect if the first rajah (taking back) was valid. However, if the rajah was not valid, then this divorce is null and void. If you wish to marry her again, it is permissible with a new contract and mahr (dowry), and in the presence of her guardian.

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

Read the full answer on Ftawy