Is it permissible to seek divorce from a husband with whom one has contracted an urfi marriage, given the disapproval of the guardian (wali), and the failure of the divorced woman and her children to receive their legitimate rights?
The majority of jurists hold that a woman's marriage without the permission of her guardian (wali) is invalid, regardless of whether she is a virgin or previously married, based on the Prophet's (peace be upon him) saying: "Any woman who marries without the permission of her guardian, her marriage is invalid."
Therefore, the marriage that took place without your guardian's permission is considered invalid by the majority of jurists. You must request a divorce from him. If he refuses, you should refer the matter to a judge to annul the marriage.
If the judge annuls the marriage, you can try to convince your guardian. If he continues to refuse, you can refer the matter to the Sharia court to consider your best interest. If the judge rules the marriage to be valid, then it becomes valid.
After the marriage becomes valid, you are not permitted to seek a divorce without a legitimate Sharia excuse, based on the Prophet's (peace be upon him) saying: "Any woman who asks her husband for divorce without any harm (justification), the scent of Paradise will be forbidden to her."
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Ftawy
- Original fatwa ID
- 119027
- Added here
- . This is when the answer was added to El Fatwa, not the fatwa's date.
- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
- Read the full answer on Ftawy