Is marriage and divorce without a guardian invalid, and can the spouses return to each other without the need for a "muhallil"?
Scholars differ on the ruling concerning marriage without a guardian (wali), and the issued (mufta bihi) is that it is invalid. They also differ on the ruling concerning divorce in a marriage whose validity is disputed, and the preponderant opinion () is that it takes effect. Accordingly, a man cannot marry the woman again unless she marries another husband and he consummates the marriage with her, and then he divorces her, as stated in verse 230 of Al-Baqarah. However, if there is a need to adopt the other opinion, which holds that divorce does not take effect in a disputed marriage, in order to alleviate hardship, then there is no harm in doing so, provided that it is not merely a pursuit of legal concessions.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Ftawy
- Original fatwa ID
- 180093
- 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
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