What is the ruling regarding the marriage of a previously married woman who married herself with the permission of her guardian, with witnesses, an offer and acceptance, a specified dowry, and public announcement, and the guardian accepted the husband after the marriage despite the family's objection to him?
The majority of scholars hold that a woman cannot marry herself, whether she is a virgin or previously married, and whether her guardian has given permission or not. Abu Hanifa, however, was of the opinion that a mature woman can validly marry herself. Some scholars maintain that she can do so on the condition that her guardian gives permission. The preponderant opinion (mufta bihi) is that of the majority, which states that a marriage is not valid without a guardian (wali). Therefore, this contract is invalid, and it is obligatory to renew it with the woman's guardian directly overseeing it, or his representative, in the presence of two witnesses. However, if the couple entered into this believing the contract to be valid, following the Hanafi school of thought, then the contract is valid.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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