Is the marriage invalid if it was conducted without a guardian (wali) and in secret, while the first husband remained in the same house, and with an agreement that "Allah is the best of witnesses," all for the purpose of preserving the family and concealing the first husband's inability to engage in marital relations?
Source: FtawySummary from Ftawy's records · added here Sep 2, 2026
A woman's marriage without a guardian (wali) or witnesses is invalid by the consensus of the four imams. If a man divorces his wife and she becomes irrevocably separated from him, it is not permissible for him to live with her or be alone with her if his desire has not completely subsided, for his ruling is that of a stud. Concealing a divorce leads to grave evils. It is not permissible for a woman who has been triply divorced, and whose husband denies her divorce, to allow him to be intimate with her, nor should she marry until her divorce becomes apparent.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
Read the full answer on Ftawyhttps://ftawy.com/en/questions/125681
Where this answer came from
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- Ftawy
- Original fatwa ID
- 125681
- 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