Is a new legal contract required after divorce for the wife to be accepted if her guardian refuses, or is a civil contract alone sufficient, and is it permissible not to inform the wife's guardian of this?
If a divorce occurs before consummation, it is an irrevocable divorce, and it is not permissible to return to the wife except with a new contract. A civil marriage is invalid due to the absence of the guardian's permission. If the wife wishes to return, her guardian is not permitted to prevent her, and if he does, she may refer the matter to the Sharia judge. It is advisable to try to persuade the guardian to renew the contract, and if you are compelled to use a permissible dissimulation, there is no harm in that. If the husband secludes himself with his unconsummated wife in a valid seclusion and then divorces her, she must observe the waiting period ('iddah), and he has the right to take her back as long as the 'iddah has not expired. One should not hasten to divorce as long as there is a way to reconcile.
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- Original fatwa ID
- 132889
- Imported
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- Source text, unreviewed
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