Is a woman divorced before consummation considered a previously married woman (thayyib) whose guardian's consent is not required, or a virgin (bikr) whose consent is required?
Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 2026
If the husband has not consummated the marriage with his wife, she is still a virgin. The difference between a virgin (bikr) and a non-virgin (thayyib) becomes apparent in the matter of permission. A mature, sane thayyib woman has more right over herself than her guardian, whereas it is recommended that a father seek his virgin daughter's permission, and her silence is considered her consent. The guardian's approval is a condition for the marriage contract according to the majority of jurists, so it is not permissible for a woman to marry herself, whether she is a virgin or a thayyib.
Summarized from the full answer at Ftawy · imported
Read the full answer on Ftawyhttps://ftawy.com/en/questions/181030
- Source platform
- Ftawy
- Original fatwa ID
- 181030
- Imported
- Translation status
- Source text, unreviewed
- Read the full ruling
- Read the full answer on Ftawy