Is it permissible to renew the marriage after an irrevocable divorce—bearing in mind the dispute regarding the validity of the first marriage contract due to the absence of a guardian—and is a woman considered menstruating if she was divorced on the fifth day of her period with some discharge present?

The majority of scholars stipulated the guardian (wali) as a condition for the validity of marriage, while Abu Hanifa differed with them. Nevertheless, divorce occurs in a marriage even if it was without a guardian. If a husband divorces his wife three times, she becomes irrevocably separated from him with a major divorce, and he cannot take her back unless she marries another man willingly, and then he separates from her either by divorce or death, and her 'iddah (waiting period) ends. It is not permissible for someone who believes in the validity of a marriage to then build a ruling upon its invalidity to suit his desires. Indeed, the belief in the validity or invalidity of a marriage must be firm and not change according to purpose and whim.