Is it permissible to marry at the municipality without the family's knowledge after a divorce has occurred, in the absence of Sharia courts or an authoritative reference for fatwas?
If you have been in a valid seclusion with your wife, you may take her back by saying: "I have taken my wife back" without a new contract, and this is the most likely opinion. However, if you have not consummated the marriage with her and have not been in a valid seclusion with her, then your divorce is irrevocable, and you do not have the right to take her back except with a new contract and a new mahr, based on the Almighty's saying: {O you who have believed, when you marry believing women and then divorce them before you have touched them, then there is not for you any waiting period to count concerning them.} Renewing the contract requires an offer and acceptance between you and the woman's guardian in the presence of two witnesses. If the closest guardian refuses, the guardianship transfers to the next closest or to the ruler.
Summarized from the full answer at Ftawy · imported
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- Source platform
- Ftawy
- Original fatwa ID
- 194335
- Imported
- Translation status
- Source text, unreviewed
- Read the full ruling
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