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The question

Is it permissible for a divorced adult woman to marry a misyar marriage without informing her family, and is it permissible for the judge to act as guardian in this case?

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Source: FtawySummary from Ftawy's records · added here Sep 2, 20261 min readAlso available in العربية
The answer

The majority of jurists hold that a woman's marriage is not valid without the permission of her guardian (wali), whether she is a virgin or previously married. This differs from Abu Hanifa's view, who believes that the marriage of a sane, adult woman is valid with her consent. The relied-upon opinion for is that of the majority. It is not permissible for you to marry without your guardian's permission unless your guardian refuses to marry you off. In that case, you may refer the matter to a judge, and if the judge confirms the guardian's impediment (adhl), then he may marry you off. If there is no other solution and you are faced with two options: marrying without a guardian or falling into fornication, then both Islamic law and reason prioritize marriage without a guardian over fornication.

Summary from Ftawy's records · added here

Reviewed by El Fatwa's sharia committee.

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Where this answer came from
Source platform
Ftawy
Original fatwa ID
122803
Added here
. This is when the answer was added to El Fatwa, not the fatwa's date.
Text
Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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Read the full answer on Ftawy