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The question

Does the marriage contract take effect if a woman appoints her employer to marry her off (she being of sound mind and 24 years old), and then offer and acceptance take place between the husband and wife, in the presence of the employer as guardian and two sane, adult, upright, competent, and religious witnesses? And is it permissible for the woman, after this offer and acceptance from both parties, to marry another man without the first one divorcing her?

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

The marriage of a woman without a guardian (wali) is invalid according to the majority of scholars. What the employer did by marrying this woman to you is a corrupt contract, and therefore you both must repent.

A woman marrying another man before she is divorced from you is impermissible according to most scholars. This is because, despite the invalidity of a marriage without a guardian, jurists have differed on whether such disputed marriages require annulment or divorce. Therefore, the matter must be referred to a court for a ruling.

Regarding seeking religious verdicts (istifta'), it is permissible for common people to follow a specific (school of thought) or to ask someone whose knowledge they trust, without following whims or seeking out concessions.

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Where this answer came from
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Ftawy
Original fatwa ID
101627
Imported
Translation status
Source text, unreviewed
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