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What must be done to marry a woman whose marriage contract was concluded with a man, but the marriage was not consummated, and then she unilaterally annulled the contract without official documents or witnesses? And is her abandonment for more than three months sufficient for her divorce? And what are the required procedures to ensure her divorce before marrying her according to Sharia?

1 min readAlso available in العربية

Scholars differed regarding the credibility of a woman who claims her husband divorced her. The Hanafis and Malikis held that she should be believed, and it is permissible to contract a marriage with her without requiring proof of divorce. They reasoned that a Muslim is trustworthy and their word is accepted concerning matters of religious right, and no one has a right in this case. The Shafi'is, however, differentiated: if she claims divorce from a specific marriage, the ruler should not allow her to marry until she provides proof; but if the marriage is not specified, her word can be relied upon.

The testimony of parents is not accepted due to accusation, nor is the testimony of the wife's paternal uncle accepted if it leads to the annulment of the marriage. As for the 'iddah (waiting period): if there was no valid private seclusion (khulwah shar'iyyah), she does not have to observe an 'iddah. If there was private seclusion, her 'iddah ends with her purification from the third menstrual cycle after the divorce, or upon giving birth if she is pregnant, or after three months if she does not menstruate.

Summarized from the full answer at Ftawy · reviewed Sep 2, 2026

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