Is it permissible to marry another man, Islamically, based on the invalidity of the previous marriage contract due to the absence of the guardian, or must one await the court's ruling of Khul', knowing that local law permits the marriage of a previously married woman (thayyib) without a guardian?
Source: FtawySummarized from the full answer at Ftawy · reviewed Sep 2, 2026
The rulings of Islamic law must be observed, and scholars must be consulted before proceeding with an action, especially concerning marriage. A condition for the validity of marriage is the presence of a guardian (wali). If a marriage takes place without the guardian's permission, it is invalid according to the preponderant opinion, and it must be annulled. If a judge or his deputy rules on its validity, the contract is enforced. A woman is not permitted to marry until her husband divorces her or a Sharia judge rules to annul the marriage. It is advisable to consult scholars and the Sharia court in such cases.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
Read the full answer on Ftawyhttps://ftawy.com/en/questions/85623