Does a judge's divorce take effect if the wife's brother files the lawsuit without her consent, and is marriage without a guardian valid, and what is the ruling on the divorce resulting from that?
A woman is permitted to refer her case to a judge to request a divorce if there is a valid reason, such as harm or destitution. She is also permitted to appoint another person to act on her behalf in this matter. In such a case, the judge's divorce is considered an irrevocable divorce (ṭalāq bā’in). However, it is not permissible for a woman's brother to approach the judge to annul his sister's marriage without her explicit authorization. If a woman marries without the permission of her guardian (walī), the guardian has the right to intervene to annul the invalid marriage. According to the majority of jurists, a marriage is not valid except with a guardian. If a woman enters into an invalid marriage, it is necessary for the husband to divorce her or for the ruler to annul the marriage. She is entitled to the dower (mahr) if the separation occurs after consummation.
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