Is it permissible for her to marry her ex-husband in writing, with a new contract, after her iddah has expired, in the presence of two witnesses and without a guardian, given that she is a previously married woman and lives far from her country?
Divorce takes effect the moment the husband pronounces it, even if it is not documented. If the waiting period (') following a revocable divorce expires and the husband has not reconciled with his wife, she becomes irrevocably divorced with a minor irrevocability (bainunah sughra). If the husband wishes to return to her, a new marriage contract must be concluded with its essential elements: a guardian (wali), two witnesses, and a dower (mahr).
The guardian is a condition for the validity of the marriage according to the majority of jurists. If the guardian is distant, he may delegate someone to act on his behalf. If there is no guardian, the Shar'i judge marries her. If there is no judge, a just Muslim man may marry her with her permission. If she marries without a guardian, her marriage is invalid according to the majority, unless a Shar'i judge rules it to be valid.
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- 103826
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