What is the ruling on a marriage that took place without the guardian's permission? And is online seclusion considered a valid seclusion that necessitates the 'iddah (waiting period)? And what is the ruling on repeated divorce and returning the wife without a new contract? And is this marriage considered valid, void, or فاسد (irregular)? And what is the difference between a void marriage and an فاسد (irregular) marriage?
Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 2026
The marriage of a woman without a guardian (wali) is invalid according to the majority of scholars. Divorce before consummation and seclusion separates the woman from her husband, and she cannot return to him except with a new marriage contract. Consequently, the woman is not under the marital authority of this man, and she may marry someone else immediately, with no waiting period ('idda) required for him. The man can, however, contract a new marriage with her to bring her back under his marital authority.
Summarized from the full answer at Ftawy · imported
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- Original fatwa ID
- 150412
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