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The question

Is a marriage valid with a prior agreement to terminate it after a specified period, and with the guardianship of the ruler due to the absence of a legal guardian? Does divorce occur in such a case? And what must be done to continue the marriage after retracting the initial agreement?

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

Marriage for a temporary, known, or unknown period is a void mut'ah marriage, whether this condition was mentioned in the contract, before it, or was customary. Guardianship for marriage belongs to the closest male relatives of the woman, in order of proximity. If a more distant relative or a stranger gives her in marriage while closer relatives who are fit for guardianship exist, then the contract is invalid.

The spouses must immediately separate if the marriage is void. If they wish to continue, they must renew the contract with its correct conditions (a wali and witnesses), and you are not required to divorce her.

As for the divorce you pronounced upon your wife in a marriage you believed to be valid, it counts towards the number of divorces. Divorce takes effect in a marriage whose validity is disputed.

If you do not wish to renew the contract, you must divorce her with a single pronouncement so that she becomes permissible for another man.

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Ftawy
Original fatwa ID
5848
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Source text, unreviewed
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