Is the marriage that took place between a Muslim man and a Muslim woman, both sane and adult, both virgins, with two Muslim, sane, adult witnesses, with offer and acceptance, with a dowry, and publicized among more than one hundred people—excluding the families of the spouses—valid? And does divorce occur with phrases such as (أنتِ طالع - you are leaving) or (أنتِ تالك - you are forsaken) if the actual divorce was not intended by them? And is a wife who has been divorced with a single revocable divorce considered a wife after her husband reviews her, even if she refuses the review?
The guardian (wali) is the one who performs the marriage, and he is indispensable for the woman. A woman cannot marry herself. This is supported by the Holy Quran and the Prophetic Sunnah. Allah Almighty said: "And marry the unmarried among you" (Surat An-Nur, 24:32). Guardians were forbidden from preventing previously married women from remarrying, which indicates that the marriage contract is in their hands. From the Sunnah: "There is no marriage except with a guardian and two just witnesses," and "Any woman who marries without the permission of her guardian, her marriage is invalid," and "A woman does not marry another woman, nor does she marry herself." Based on this, the contract that was concluded without a guardian is invalid. However, this relationship is not considered zina (fornication/adultery) due to the semblance of marriage (shubhat an-nikah). This contract is annulled by divorce. For more information, please refer to related fatwas.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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