Is it permissible for a divorced couple, divorced with a minor irrevocable divorce (baynunah sughra), to live in the same house while observing the Islamic limits? And can the divorced woman marry her ex-husband with a new contract without the knowledge of her guardian (wali), especially if she is 35 years old?
A woman who has been irrevocably divorced by her husband is not permitted to live in the same house with him, unless there is a need, and provided there is no fear of temptation (fitna), and she occupies a separate part of the dwelling. Marriage to an irrevocably divorced woman without a guardian (wali) is not permissible, as marriage without a wali is invalid according to the majority of scholars.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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