Is an 'urfi marriage to a woman divorced three times by her husband – without official documentation of the divorce – Islamically valid, given her refusal to conceive until her status is documented?
If a man divorces his wife with a triple divorce and her (waiting period) has expired, she is permitted to marry another. However, if the husband denies the divorce, she is not permitted to marry until the matter of her divorce is clarified. A secret marriage without a guardian (wali) is invalid; thus, whoever marries without a guardian must separate from the one she married. If a woman is definitively separated from her husband and her iddah has expired, there is no impediment to her marrying a new husband with a marriage that fulfills all conditions. Documenting marriage and divorce contracts is essential to avoid harms and the loss of rights.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
Read the full answer on Ftawyhttps://ftawy.com/en/questions/136871
Where this answer came from
- Source platform
- Ftawy
- Original fatwa ID
- 136871
- Added here
- . This is when the answer was added to El Fatwa, not the fatwa's date.
- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
- Read the full answer on Ftawy