Is the marriage considered void or invalid due to the completion of the contract without the permission of the original guardian (the father), or due to lying to the witnesses that the bride is a virgin and not a previously married woman? Is intercourse with her considered adultery? Are the children illegitimate? What is the way to rectify the matter, taking into account the previous revocable divorces? Is separating them to conclude a new contract considered a third divorce? Is a new contract with a new dowry and bridal gift required?
The maternal uncle is not a guardian (wali) for a woman unless he has been appointed as a guardian by her father. He does not have the right to prevent her from marrying someone who is suitable for her. Claiming virginity while being a non-virgin is a prohibited lie, but the marriage contract is not invalidated by it. The marriage performed by a maternal uncle for a woman, when he is not her guardian or agent, is invalid, due to the Prophet’s (peace be upon him) saying: "Any woman who marries without the permission of her guardian, then her marriage is invalid." Divorce in an invalid marriage takes effect, sexual intercourse in it is not considered zina (fornication/adultery), and the child is attributed to the father due to his belief in the validity of the marriage. If the marriage's validity is not affirmed by a judge, then the woman must be separated from her husband, and this separation is considered a third divorce, resulting in an irrevocable major separation.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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