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Did the pronunciations of divorce uttered by the man with the intention of nullifying an invalid marriage occur, then were retracted after he learned of the marriage's validity according to the Hanafi school of thought?

1 min readAlso available in العربية

To terminate an invalid marriage, such as one contracted without a guardian (wali), the Hanbalis require either a divorce (talaq) or annulment (faskh), unlike the Shafi'is who do not deem this necessary. However, to rectify it, they do not need a divorce, but rather a renewal of the marriage contract. A divorce based on a mistaken assumption or an incorrect reason does not take effect, such as someone who divorces based on an act that did not occur, or due to believing in a defect that later proves to be nonexistent. The spouses must rectify the contract in the presence of the woman's guardian or his agent, and two Muslim witnesses.

Summarized from the full answer at Ftawy · reviewed Sep 2, 2026

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