Is 'iddah (waiting period) obligatory for a woman if she is divorced before consummating the marriage? And is it permissible for a marriage contract to be performed without a guardian (wali), or is a guardian indispensable, and can the eldest brother be the guardian?
A man is permitted to divorce his wife before consummation (Dukhool) without an ' (waiting period) or the possibility of reconciliation (raj'ah). However, he can marry her again with a new contract. If you were divorced before consummation, you are not required to observe an 'iddah. If he wishes to marry you again, the conditions of a valid Islamic marriage must be met, including the presence of a guardian (wali). The woman's guardian in marriage is, in order: the father, then the paternal grandfather, then the son, then the full brother, then the half-brother (from the father's side), then their sons, then the paternal uncles. If the father is competent to act as guardian, no one else can marry you off unless he unjustly withholds consent ('adal) or is unreachable. If he is absent, he may appoint another person as his proxy, provided the proxy is competent to act as a guardian. However, if the father is deceased or has lost the capacity for guardianship, the guardianship passes to the next in order. If you do not have a grandfather, your brother can marry you off.
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