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The question

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?

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

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

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Source platform
Ftawy
Original fatwa ID
181030
Imported
Translation status
Source text, unreviewed
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