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The question

What is the problem with a young man marrying a previously married woman for the second time without the consent of her guardian, based on the fatwas of imams who permitted this because she is a previously married woman and follows the Hanafi school of thought, and due to the impossibility of contracting the marriage officially in Turkey because of secular restrictions, where the marriage contract was performed in the presence of an imam, a witness, and a dowry?

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

A legitimate marriage has conditions and pillars, among them the guardian (wali). The marriage of a woman without a guardian is invalid according to the majority of scholars, whether she is a virgin or previously married.

Therefore, the marriage of a young man to a woman without her guardian is invalid. If he wishes to rectify it, he must renew the contract with her guardian or his representative.

Although documenting the marriage contract is not a condition for its validity, neglecting it can lead to great harms and the loss of critical legal rights, such as lineage and inheritance.

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Where this answer came from
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Ftawy
Original fatwa ID
126640
Imported
Translation status
Source text, unreviewed
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