Is it valid for a divorced woman to marry without the permission of her guardian, in the presence of a lawyer, witnesses, and five people for public declaration?
Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 2026
Most scholars stipulate the guardian (wali) for the validity of the marriage contract (nikah). Therefore, it is not permissible for a woman to marry herself, whether she is a virgin or previously married, old or young. The order of a woman's guardians in marriage is as follows: her father, then her paternal grandfather, then her son, then her full brother, then her half-brother (from the father's side), then their sons, then her paternal uncles. If the closest guardian refuses to marry the woman without a valid reason, the next guardian in line may marry her off, or the matter may be referred to the Sharia judge to marry her.
Summarized from the full answer at Ftawy · imported
Read the full answer on Ftawyhttps://ftawy.com/en/questions/173640
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- 173640
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