Is it Islamically permissible to marry a man from whom I have been divorced three times, after a secret 'urfi marriage in which the صيغة الإيجاب والقبول (formula of offer and acceptance) was not mentioned, the wali (guardian) was not present, and it was without full announcement, knowing that he now desires a lawful marriage documented with a wali, witnesses, and announcement?
Marriage without the guardian's permission is invalid, and if it occurs, separation is immediately obligatory. However, if the husband divorces his wife in this invalid marriage, his divorce is considered valid. One inherits from the other if one dies before separation, and the child is legitimate. The woman observes the 'iddah (waiting period) of divorce, and this divorce is irrevocable (bain). It is not permissible for the husband to take back his wife after divorcing her from this invalid marriage. A triple divorce is effective, and she is not lawful for him until she marries another husband, because a marriage over whose validity there is disagreement is given the ruling of a valid marriage. The reasoning of istihsan (juristic preference) and precaution in an invalid marriage is invoked, stating that although the divorce from it is irrevocable, it is not given the ruling of a fully irrevocable divorce in every respect, and consecutive divorces after it are effective.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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