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The question

Is a divorce that takes place in a void marriage – because it was without a guardian and without a documented contract – considered null and void, or not?

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

Marriage without a guardian is invalid according to the majority of scholars, but its validity is disputed. A divorce issued in such a marriage is effective if the husband believes in its validity. The divorce here is not considered void due to the invalidity of the contract, because the spouses believed the marriage to be valid and considered what resulted from it to be permissible. After the divorce, they are not permitted to work towards invalidating the marriage in order to escape the effectiveness of the divorce. Whoever believes something to be permissible or impermissible must adhere to that belief, regardless of whether it aligns with their desires.

Summarized from the full answer at Ftawy · imported

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Source platform
Ftawy
Original fatwa ID
119126
Imported
Translation status
Source text, unreviewed
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