Does an unregistered marriage become valid with the presence of a guardian and witnesses, and an offer and acceptance, then tearing up the contract after signing? Is tearing it up considered a divorce? To whom does the woman belong if she marries another man a month later with an unregistered contract without a guardian, with the guardian's later approval – to the first husband or the second? Are both marriages valid or void?
Marriage is a solemn covenant, and it is not permissible to take it lightly or to embark upon it without knowing its rulings.
An urfi marriage is valid if it fulfills the legal pillars, namely a guardian (wali) and two witnesses, and documentation does not affect the validity of the marriage.
The husband tearing up the marriage certificate does not constitute a divorce, and his statement, "I do not want this matter," is an ambiguous expression (kinayah) of divorce that depends on his intention.
If the husband has not divorced her, the wife remains under his legal authority. Her marriage to another man is reprehensible and void and must be annulled. The child will be attributed to the second man if he believed that marrying her was permissible.
The guardian is a condition for the validity of the marriage according to the most preponderant opinion, and a woman marrying herself without her guardian's permission is void, even if the guardian approves it afterward.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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