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The question

Is it valid for a husband to divorce his wife over the phone, knowing that the marriage took place without a guardian and without him having consummated it?

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

The couple should initiate sincere repentance, frequently seek forgiveness, and perform good deeds. If the pillars of marriage are fulfilled except for the woman's guardian's consent, then the marriage is invalid according to the majority of scholars, contrary to Abu Hanifa's view. In this case, the divorce pronounced over the phone is effective because it occurs within a disputed invalid marriage. Therefore, the divorce counts, and if the girl marries with a valid contract, she will only have two divorces remaining within her marital bond.

Summarized from the full answer at Ftawy · imported

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Source platform
Ftawy
Original fatwa ID
106837
Imported
Translation status
Source text, unreviewed
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