What is the ruling on a new marriage contract at Dar al-Ifta without a guardian (wali), and what is the validity of intercourse without the intention of return (rajʿah), and does divorce occur if the oath of divorce was made without uttering it or with doubt about it?
The majority of scholars hold that a marriage contract is not valid without a guardian (wali), while Abu Hanifa differs, considering valid the marriage of a mature woman to herself.
The more preponderant opinion is that a revoked divorce occurs simply by having intercourse with the wife, even if the husband was unaware that the divorce had taken place.
If an oath was made only by intention without uttering the words, then no divorce results upon breaking the oath, as uttering the oath is a condition.
In case of doubt about uttering the divorce, no divorce takes place, because the original state is the continuation of the marriage.
If no divorce occurred, or if it occurred and the revocation was valid during the waiting period (), there is no need to renew the contract, and if it is renewed, no harm is done.
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