Is it permissible to remarry a woman who was divorced three times after a customary marriage that did not meet the Sharia requirements?
A woman's marriage to herself is invalid, based on the Prophet's (peace be upon him) saying: "Any woman who marries without the permission of her guardian, her marriage is invalid," and also based on narrations from the Companions concerning this matter. If the husband divorces in such an invalid marriage, the divorce takes effect and is counted against him, resulting in an irrevocable divorce (baynunah kubra) after which the woman is not permissible for her divorced husband until she marries another man. This is the view of the majority of scholars. If the husband wishes to remarry this woman, a new contract must be concluded in the presence of her guardian and witnesses.
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- 91215
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